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HomeMy WebLinkAbout133-95 RESOLUTIONRESOLUTION NO. 133-95 A RESOLUTION APPROVING A GRANT APPLICATION TO PARTICIPATE IN THE ARKANSAS HIGHWAY SAFETY PROGRAM'S SELECTIVE 1RAFF1C ENFORCEMENT PROGRAM, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT ACCEPTING THE GRANT REQUIREMENTS, AND APPROVING A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. l'he Council hereby approves a grant application to participate in the Arkansas Highway Safety Program's Selective Traffic Enforcement Program, and authorizes the Mayor and City Clerk to execute a contract accepting the grant requirements. A copy of the grant application and contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Council hereby approves a budget adjustment to reflect the grant amount of $34,910 to increase Motor Pool Charges, Acct. No. 1010 2940 5331 00, in the amount of $2,240; Overtime -Youth Alcohol Enforcement, Acct. No. 1010 2940 5104 01, in the amount of $33,810; Replacement Charges, Acct. No. 1010 2940 5331 01, in the amount of $4,200; Fixed Assets, Acct. No. 1010 2940 5801 00, in the amount of $1,100: and Vehicle Machine Maintenance, Acct. No. 1010 2940 5403 00; and decreasing Use of Fund Balance, Acct. No. 1010 0001 4999 99, in the amount of $7,440. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 17th day of October 1995. ATTEST:.• ) /:• II By: .�} (' i �LCt ,i.. Traci Paul, City Clerk APPROVED: i By: 16:(744zs,v fired Hanna. Mayor City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1995 Department: Division: Program: Police Police Patrol Date Requested 09/25/95 Adjustment Projector Item Requested: Authorization is requested to recognize a grant award and increase a related expenditrro Project or Item Deleted: None. The City is receiving additional revenue from a grant to fund ..his expenditures. The related vehicle charges will be offset by Unreserved Fund Balance. Justification of this Increase: Justification of this Decrease: The City has been awarded a grant f.raa Selective No decrease is proposed. 1ca_ffic Enforcement project through the Arkansas Highway and Transportation Department. The City is required to provide the vehicles and related expenses. Vehicles are available through the City's motor pool. Account Name `7otor Pool Cnarges Jvzrtisae- Youtn Alcohol Fnforcemnt Replacement Charges Fixed Assets Vaiiicie `;acnine :iainter.ance Account Name Federal Grant t Fund Balance Increase Amount Account Number 2,240.00 33,810.00 1010 ;88:88 188 i8 8 1,000.00 Amount 1010 2940 Decrease 34,910.30 7,440.00 8l 86 5403 00 Project Number Account Number Pro'ectNufnher 1010 0001 4309 00 1010 0001 99 Approval Signatures Adminervices.D'trde Aki/g( Budget Office Use Only Type: A BCD Date of Approval Posted to General Ledger Entered in Category Log Budget Office Copy 4: ARKANSAS STATE HIGHWAY FAey/ AND e/% TRANSPORTATION DEPARTMENT Dan Flowers Director Telephone (5011569-2(00 P O Box 2:61 Little Rock. Arkansas 72201-2261 Telefax (501}569-2400 TRAFFIC SAFETY SECI'ION CONTRACT OCCUPANT PROTEC TON PROGRAM CONTRACTOR Fayetteville Police Department P O Box 1988 Fayetteville, Arkansas 72702 Teiephone (501) 587-3500 Fax. (501) 587-3522 TYPE OF CONTRACT INITIAL REVISION: CONTINUATION COST CA1'EGORY PERSONAL SERVICES EQUIPMENT MAINTENANCE & OPERATION OTIfER DIRECI COSTS INDIRECT COSTS ADMINISTRATIVE COSTS TOTAL AMOUNT $33,810 1,100 $34910 GOVERNMENTAL. UNIT City of Fayetteville P O Box 1988 Fayettevi::e, Arkansas 72702 CONTRACT NO. OP966: 1015 DOCUMENT NO. OP110] 5 PROJECT TITLE Selective Traffic Enforcement Prciect OPERATIONAL AREA OF PROJECT City ofFayetteville CONTRACT PERIOD hL\DING PERIOD FROM 10-1-95 FROM 10-1-95 TO 9-30-96 TO Page 1 of 12 9-30_96 FUNDING SOURCE AMOUNT FEDERAL $34 910 STATE LOCAI. TOTAL -0- $34,910 ARKANSAS STATE IHGHWAY AND TRANSPORTATION DEPARTMENT TRAMI'IC SAFETY SECTION CONTRACT INDEX Item Page 1. Title Page 2. Index Page 2 3. Scope of Work 4. Audit and Certification Requirements 4 - 6 5. Work Statement 7 - I0 6 Budget Details 11 7 Signature Sheet 12 CONTRACT PREPARED BY: Karla Green TITLE: Program Manager :ADDRESS :Arkansas State Ilighway and Transportation Department P 0 Box 2261 Little Rock, AR 72203 PHONE: (501) 569-2645 FAX (501) 569-2651 Page _2 of ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT TRAFFIC SAFETY SECTION CONTRACT SCOPE OF WORK PROJECT GOAL: To reduce traffic -related .fatalities and'injuries in the City of Fayetteville. SUMMARY OF.PROJECT OBJECTIVES: To participate in a nationa: traffic safety campaign entitled Safe and Sober The Campaign's goals are to increase seat belt use to 75 percent and decrease alcohol related fatalities'to 43 percent nationwide These goals w::: he met by enhanced enforcement and public information and education Campaign Safe and Sober encompasses all program areas that impact seat belt use and alcohol-related crashes For example, motorcycle and pedestrian programs that address alcohol impairment would fall within the scope of the campaign, as would speed law enforcement efforts that include seat belt law iolations. To increase use of occupant protection systems by 5 percent by conducting a Selective Traffic Enforcement Project in the City of Fayetteville To conduct a public information and education (Pl&E) program to support these objectives. METHOD OF EVALUATION BY AHTD ADMINISTRATIVE: X IMPACT EVALUATION: X By achievement of performance standards. REIMBURSEMENT - ACTUAL COST ONLY AHTD will reimburse the contractor an amount equal to %ofall eligible cost. X AHTD will reimburse the contractor an amount equal to all eligible costs as identified in work statement REIMBURSEMENT LIMITS 1 Maximum amount eligible for reim- bursement Federal Funds $34,910 State Funds. -0- 2. Only those orders placed and costs incurred during 'the following time period shall be eligible for reimburse- ment. (Date) .10-1-95 to (Date) 9-30-96 1 he contractor must bear all costs not eligible .for Federal reimburse:nent Federal and State regulations shall be the basis for determining eligibility of costs, as detailed :in the General Provisions and Contract Terms This contract may be amended only by written notice in advance in accordance with AHTD policy. (See Contract Term 11 ) Page 3 of 12 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT TRAFFIC SAFETY SECTION CONTRACT AUDIT.REOFIRE MENTS The contractor will arrange for an organization -wide financial and compliance audit, as required by OMB Circular A-128, within the prescribed audit reporting cycle The audit report must separately identify highway safety funds from other Federal funds Two (2) copies of the report will be furnished to the Arkansas State Highway and Transportation Department and one (1) copy will be furnished to the United States Department of Transportation Office of Inspector General within three months of the report date. Failure to furnish an acceptable audit as determined by the cognizant Federal audit agency may he a basis for denial and/or refunding of Federal funds A copy of A-128 is available on request. The contractor has been made aware of audit requirements CERTIFICATION REGARDING LOBBYING fhe contractor certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of' Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract. grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid .to any person forfinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement. the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. (3) The undersigned shall require that the language of this certification be Included in the award documents for all subawards at all tiers (including subcontracts. subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly Tars certification is a materia] representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 Mand not more than $100,000 for each such failure. Pace 4 of 12 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT TRAFFIC SAFETY SECTION CONTRACT CERTIFICATION REGARDING DEBARMENT AND SUSPENSION In accordance with theprovision of 49 CFR Part '29, the State agrees that it shall not knowingly enter into any agreement under its highway Safety Plan with a person or entity that is barred, suspended, declared ineligible, or voluntarily excluded from participation in the Section 402 program, unless otherwise authorized by NIITSA The State farther agrees that it will include the following clause and accompanying instruction, without modification, in all lower tier covered transactions, as provided by 49 CFR Part 29, and in a: solicitations for lower tier covered transactions. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below 2 The certification in this clause is a material presentation of fact upon which reliance was placed when this transaction was entered into ]fit is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, 'in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3 The prospective lower tier participant shad provide immediate written notice to the person.to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 4 The terms "covered transaction," "debarred," "suspended,' "ineligible,' "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal "and "voluntarily excluded," as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29 You may con:act the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should :the proposed covered transaction be entered into, it shall not knowingly enter into any lower t er covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. Page :5 of .12 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT TRA14141(, SAFETY SECTION CONTRACT CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 6 The prospective lower tier partidipant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment. Suspension. ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in a" lower tier covered transactions and :n all solicitations: for lower tier covered transactions '7. A participant :n a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may. but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant :in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction. in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and%or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment. declared ineligible, or voluntarily excluded from participation. in this transaction by any Federal department or agency :2 Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participan:s shall attach an explanation to this proposal Page 6 of :2 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT TRAFFIC SAFETY SECTION CON TRACT WORK. SiAFLAUNT A The contractor, Fayetteville Police Department, in exchange.for consideration offered -1)y the Arkansas State Highway and Transportation Department (AIITD). and in the interest of improving traffic safety. hereby agrees to pursue the achievement of the following objectives: 1 The contractor will participate in a national traffic safety campaign, Safe and Sober. by conducting overtime enforcement of' the State's Driving While Intoxicated (DWI)/Driving Under the Influence (DUI), speeding, seat belt. child passenger protection and motorcycle helmet laws. 2 The contractor will appoint a Project Director who will be responsible for planning and directing contract activities and act as a liaison with the Traffic Safety Section (TSS). Compensation for the Project Director will be from local finds. Enforcement of DWI/DUI laws will be conducted on the following dates OCTOBER 6, 7, 13, 14, 20, 2:, 27, and 28 DECEMBER 8, 9. 15, 16, 22. 23, 29 and 30 JANUARY 1, 5, 6, 12. 13, 19, 20, 26 and 27 MARCH 22, 23. 29 and 30 APRIL, 5, 6, 12, 13, 19, 20. 26 and 27 MAY 31 JUNE 1. 7, 8, 14, 15, 21, 22. 28 and 29 JULY 4, 5, 6. 12, :3, 19, 20, 26 and 27 AUGUST 2, 3. 9, 10, 16. 17, 23, 24. 30 and 31 SEPTEMBER 2, 6, 7, 13. 14, 20, 21. 27 and 28 Enforcement wvdlbe conducted only during the ight hour period commencing at 7 00 p.m. and concluding at 3.00 a.m on the dates designated. Enforcement of laws other than DWUDUl, hereafter referred to as seat belt enforcement, will be conducted on the following dates NOVEMBER 5 - 18, DECEMBER 10 - 13 FEBRUARY 12 - 29 MARCH 1 - 15 MAY9-25 JUNE 2-5,9-13 JULY 1-3 SEPTEMBER 1-5 20-'21,26-30 ,`:7-21,26-28 Seat belt enforcement will be conducted only during daylight hours Page 7 of 12 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT TRAFFIC SAFETY SECTION CONTRACT WORK STATEMENT 5. The intent of specifying enforcement days is to:provide guidance to the contractor as to the primary emphasis during a given enforcement day. It is expected that all laws covered by the contract will be enforced during all enforcement days 6 The contractor will attempt to achieve 'the following objectives: during DWIIDLI enforcement. officers will average •one DWI/'DUI arrest for every eight hours of enforcement, during seat belt enforcement, officers Will average three officer violation contacts per hour of overtime enforcement Persons arrested for violation of Act 549 of 1983 shall be determined to be DWI arrests Youthful offenders arrested for violation of Act 863 of 1993 shall be determined to be DLI arrests 7 During the contract period, the contractor will insure that all officers working on ibis pro'ect have successfully completed the National Highway Traffic Safety Administration's approved courses on standardized field sobriety testing and occupant protection usage and enforcement training 8 The contractor will conduct PI&E activities to support the objectives of this contract These activities may include, but are not limited to, conducting :news conferences. issuing press releases, having members of the media ride With officers during selective enforcement patrol, making presentations to schools and/or civic groups and distributing educational materials Prior to the commencement of enforcement activities, a press release :rust be issued or a press conference conducted to notify the community of project activities. A minimum of three additionalnedia events must he conducted during the contract period 9 The only costs eligible for reimbursement are over.ime enforcement (which 'includes overtime pay and applicable employer payroll matching) and purchase of :portable breath testing (PBTs) devices Reimbursement is limited 'to one officer per patrol vehicle All PBTs purchased through this contract must be purchased in accordance with TSS procedures. All PBTs purchased will revert back to the TSS when this contract is terminated. However, with prior written approval from .the TSS, the contractor may retain the PBTs if assurances are provided that they will be used for the purposes expressed or implied in this or future contracts. 10. The contractor wit: submit monthly reimbursement requests and activity 'reports. including PI&E activities, by the 15th of the subsequent month, in accordance with formats provided by the TSS. A Project Director's Summary Report (PDSR) will be submitted in accordance with the format provided by the TSS This report and the final reimbursement request are due within 15 days following the end of the contract period Final reimbursement will not be made until a satisfactory PDSR is submitted Included with the PDSR will be a tabulation of local funds contributed to this contract. Page 8 of 12 • ARKANSAS STATE HIGHWAY:AND TRANSPORTATION DEPARTMENT TRAFFIC SAFETY SECTION CONTRAC1 WORK STATEMEN f 11 The contractor will crease a project file for maintaining the contract and financial documents. The file will contain a copy of this contract, contract terms. related AHTD policies and procedures. policies or procedures of the contractor.related to this contracts activities, copies of monthly activity reports and reimbursement requests, correspondence relating to the contract, a copy of daily worksheets and time sheets which reflect regular and overtime hours worked and documentation of any public information activities The file must be :maintained :in one location and is subject to review by State and Federal authorities responsible for oversight of this contract. (Note) Copies of all time sheets for all overtime officers paid through this contract must be kept in this file Page _9 of 12 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT TRAFFIC SAFETY SECTION CONTRACT WORK STATEMENT The Arkansas State Highway and Transportation Department (AIITD) hereby agrees to perform the following activities: The AI-1TD will reimburse the contractor for all eligible costs incurred in accordance with provisions stated in the Contract Terms An analysis of reimbursable costs is provided in the attached Budget Details The.AIITD will provide reasonable consultative assistance to the contractor to aid in the achievement of project objectives The AHTD will conduct administrative and:%or on-site evaluations to assess the effectiveness of the project Evaluations will include, but are not limited to. a review of activity reports exaniiriing progress toward objectives stated in the work statement. reimbursement requests, fiscal management and on-site monitoring visits Page 13 of 12 >x .x A A -J-J H J 0 0 O Overtime 1snfi reement S33IAUI3S TVNOS�[3d w C C a tla 0 0 r 0 rr 10 331130S 51011996dO "OKI.LJVTLLNOJ HY3 110S LI Ica c STIV,L311I35Gaff • • • ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT TRAFFIC SAFETY SECTION CONTRACT ACCEPTANCE AND AUTHORIZATION TO PROCEED It is understood and agreed by the undersigned that a gran: received as a result oft is contract is subject to the Intermodal Surface Transportation Efficiency Act and a]1 administrative regulations governing this grant established by the is S Department of Transportation approved in accordance with 49 CFR Part 18 subject to the availability of Federal funds It is further understood that any State funds utilized within are subject to all applicable State regulations and are likewise subject to :heir availability It is expressly agreed that this contract, Including the Appendix (Contract Terms and Attachment), constitute an official pa.: of the State's Highway Safety Program and that said contractor will meet the requirements as set forth herein The contractor has appointed the following official representatives with legal authority to accept this grant and to provide such additional information as may be required. A. CONTRACT DIRECTOR FOR B. AUTHORIZING OFFICIAL OF 1. Signature 2. Name CONTRACTOR Tim fielder 1 Signature CONTRACTOR 2 Name Honorable Fjed Hanna 3. Tito Administrative Lieutenant 3 Tale. 4. Date: ,i -(7 y- 4 Date: \favor Approval to proceed. effect -ye (date) 10-1-95 to (date) 9-30-96 with committed Federal funds of (amcu:,t) $34,910, and State fands of (amount) :0- , given by the State Official responsible to the Governer for administration of the State Highway Safety Program. Recommended Assistant Chief En Approve or Planning irector of ,!';.ways iiik-2 and Transportation and Governor's Highway Safety Representative /7 -7 -Yr Page 12 of 2 Date