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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
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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