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HomeMy WebLinkAbout16091 ORD - 03/04/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A THREE-YEAR COMPREHENSIVE SELECTIVE TRAFFIC ENFORCE- MENT PROGRAM GRANT FROM THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TRAFFIC SAFETY SECTION, INCLUDING A TRAFFIC SAFETY PROGRAM CONTRACT, A SUBSTANTIAL COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute all docu- ments necessary to accept a three-year comprehensive selective traffic enforce- ment program grant from the State Department of Highways and Public Transportation, Traffic Safety Section, including a traffic safety program contract, a substantial copy of which contract is attached hereto and made a part hereof, marked Exhibit SECTION 2. The necessity to authorize'execution of all documents necessary to accept a selective traffic enforcement grant from the State Depart- ment of Highways and Public Transportation at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passed 'finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the March, 1981. ATTEST: C' y Secretary APPROVED: 4 DAY OF MARCH, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit 16091 day of T E CITY OF CORPUS CHRISTI, TEXAS MICROFILMED SEP 2 71984 TEXAS'TRAFFIC SAFETY PROGRAM CONTRACT STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TRAFFIC SAFETY SECTION , 3 1 5 NATIONAL ..�.... r _...._ . _. _ 'LILA )U 11, U) 1) u u w STANDARD PROJECT NAME COMPREHENSIVE STEP/CORPUS CHRISTI BPIF DESLRIPNON OF PROJECT (FOR DETAILS SEE STATEMENT OF WORK/ Corpus Christi Police Department enters into this contract to develop and implement a plan of overtime selective traffic law enforcement in several areas of the city in order to decrease the number of accidents associated with hazardous moving violations. The Corpus Christi Police Department will identify the areas of highest accidents/violations and select target sites. Adequate manpower will be utilized to provide additional traf- fic law enforcement to effect a reduction in the accident/violation areas. An operation- al plan will be submitted that sets out the locations; times of day and days of the week and hours/units assigned for hazardous moving violations/accident reduction activities., GOALSTo obtain 10% reduction in hazardous moving violation accidents in the target sites. MF THOD OT EVALUATION (FOR DETAILS SEE STATEMENT OF WORKI . Impact Evaluation in the target sites.to determine percent of reduction. COST CATEGORY AMOUNT FUTURE FUNDING PERIOD AMOUNI PROPOSF�D fi)OJECT- 'PERIOD . ,LL// tSiS,} To....g .fib PERSONAL SERVICES CONTRACT SERVICES COMMODITIES OTHER DIRECT COST INDIRECTCOST PROFIT 61, 618.23 OCT. -DEC. JAN. -MAR. APR. -.111N. JUL•SEP - 30,809.11 30,809.12 . —_ CONTRACD - P"" TOTAL 61,618.23 TOTAL 61,618.23 F4,.._9/3AI.1. TYPE ❑ 1-1 x FOR OF REIMBURSEMENT LUMP SUM COST PER UNIT OF WORK COST PLUS FIXED FEE SPECIFIC RATES ACTUAL COST DETAILS, SEE STATEMENT OF WORK SOURCES OF FUNDS AMOUNT ,REIMBURSEMENT LIMITS ' 1. MAXIMUM AMOUNT EUOIBLEFOR 'EIRMBURSEMENT t 61. blo 23 FEDERAL (402) GTSF LOCM. 61, 618.23 _TOTAL ,i 2. NO COST CATEGORY MAY BE EXCEEDED, BY MORE THAN S% OP THE CONTRACT BUDGET �3. ONLY THOSE COBTB INCURRED DURING THE POLLOWINO PERIOD SHALL BE . ELIGIBLE FOR REIMBURSEMENT: ' . 4/1/81 TO 9/30/81 4. THE CONTRACTOR MUST NEAR ALL COSTS NOT ELIGIBLE FOR REIMBURSE - MENT TOTAL 61,618.23 • THIS CONTRACT INCLUDES ATTACHMENTS • IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN PROVISIONS AND/OR REQUIREMENTS OF THIS CONTRACT, THE INCONSISTENCY 011 CONFLICT SHALL BE RESOLVED BY ASSIGNING AN ORDER OF PRECEDENCE TO EACH. ACCORDING TO THE FORM OR ATTACHMENT IN WHICH IT APPEARS,'USING THE FOLLOWING ORDER: 1. CONTRACT (THIS FORM) 2. STATEMENT OF WORK (ATTACHMENT 1) 3. GENERAL PROVISIONS (ATTACHMENT 2) - 4. SPECIAL PROVISIONS (ATTACHMENT 3) 5. OTHER • FEDERAL AND STATE REGULATIONS ANO GUIDELINES SHALL BE THE BASIS FOR DETERMINING EUGIBILITY OF COSTS • THIS CONTRACT MAY BE AMENDED ONLY BY WRITTEN AUTHORIZATION EXECUTED IN ACCORDANCE WITH TSS policies. THE CONTRACTOR IS HEREBY AUTHORIZED TO PERFORM WORK ON THIS PROJECT, DURING THE PERIOD CITED ABOVE. SUBJECT TO THE TEAMS AND CONDITIONS OF THIS CONTRACT AND ALL APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS. ' SIGNATURE OF PERSON AUTHORIZED TO COMMIT TSS , SDHPT SIGNATURE OF PERSON AUTHORIZED TO COMMIT CONTRACTOR , City Manager. R. Marvin Townsend TITLE TITLE City of Corpus Christi, Texas • DATE CONTRACTOR TSS FORM A30 REVISED 5/80 ,xy •;e2 •1 } TEXAS TRAFFIC SAFETY PROGRAM CONTRACT i•MGf 20; 2 (®) 1 011 1o11 oEl 1 I 1 REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS I CONTINGENT FEE: (check appropriate boxes) The contractor represents (a) that it 0 has, IA has not, employed or retained any company or person (other than a full-time bona fide employee working solely for the offeror) to solicit or secure this contract, and tb) that it I:1 has, RI has not, paid or agreed to pay any company or person (other than a full-time bona fide employee work ing solely for the contractor) any fee, commission, percentage, or brokerage fee contingent upon or result- ing from the award of this contract: and agrees to furnish information relating to (a) and (b) interpretation of the representation. including the term "bona fide employee", see Code of Federal Regulations. Title 41. Chapter 1., Subpart 1-1.5.) II. EQUAL OPPORTUNITY: (check appropriate boxes) The contractor represents that it p9 has, 11 has not, participated in a previous contract or subcontract subject - either to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order 10925, or the clause contained in Section 201 of Executive Order No. 11114: that it g has, L- has not. filed all required compliance reports: and that representations, indicating submission of required compliance reports, signed by proposed subcontractors, will he obtained prior to subcontract awards III AFFIRMATIVE ACTION PROGRAM: (check appropriate hox) The contractor represents that (1) It (S has developed and has on file L] has not developed and does not have on file at each establishment affirmative action programs as required by the rules and regulations of the Secre- tary of Labor (41 CFR 60-1 and 60-2). or (2) it O has not previously had contracts subject to the written affirm- ative action program requirement of the rules and regulations of the Secretary of Labor. IV. CERTIFICATION OF NONSEGREGATED FACILITIES: The contractor certifies That it does not maintain or provide for employees' facilities which are segregated on the basis of race. color. retigibn, sex or national origin, whether such facilities are segregated by directive or on a de facto basis The offeror further agrees that he will not maintain such segregated facilities. V. The contract recipient agrees as a necessary condition for reimbursement of costs. to prepare monthly and/or quarterly progress reports in a timely manner, and in accordance with instructions furnished by the Traffic Safety Section, SDHPT. VI. CLEAN AIR ACT COMPLIANCE. For all contracts in excess of S100,000, the recipient agrees to cornply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported tc TSS and the Regional Office of the Environmental Protection Agency VII PRINCIPAL PLACE OF PERFORMANCE. The location of the plant or place of business where the item(s) will be produced or the principal services will be performed under the contract is: CITY Corpus Christi COUNTY Nueces STATE Texas VIII ASSURANCE. The contract recipient hereby assures compliance with all terms- conditions and general and special provisions for this contract, including attachments. SIGNATURE OF PERSON AUTHORIZED TO COMMIT CONTRACTOR DATE CONTRACTOR'S PROJECT DIR CTOR DALE R. Marvin Tnwncend, City Manager NAME/TITLE William C. Banner, Chief of Police P.O. Box 9277 Corpus Christi,TX 78408 P.O. Box 9016,Corpus Christi,TX 78408 ADDRESS/Clry/PHONE NO TEXAS TRAFFIC SAFETY PROGRAM CONTRACT . • ATTACHMENT 1 STATEMENT OF WORK, m 0 1 0 0 oil INCLUDE MILESTONE SCHEDULE AND METHOD Of FVALUAIION I. PROBLEM SOLUTION PLAN In an effort to obtain 10% reduction in hazardous moving violation related accidents in selected sites and to impact the increase in traffic deaths, the Corpus Christi Police Department will identify areas of the city with hazardous moving violation related accidents, select target sites and develop Operational Plans to address these problems. Adequate manpower, available vehicles, poten- tial for impact, available traffic accident and traffic data will be considered in the development of those Operational Plans. The number of hours of overtime STEP activity will be stated in each plan for that particular site. This program will increase the police presence through additional (overtime) assignment of manpower at times of day, day of week and at such locations as is most likely to -reduce the hazardous moving violation related accidents and the ever-increasing number of injuries and fatalities on the streets of Corpus Christi. The STEP activities will be conducted in accordance with the detailed Operational Plans. These Operational Plans will include deployment schedules based on high accident locations associated with hazardous moving violations; day of the week; hours of the day; the amount of STEP activity needed to affect the problem; and the collection of baseline data and data during the operation of the STEP. Corpus Christi Police Department will identify the various areas to be STEP sites and present them to the Traffic Safety Section, State Department of High- ways and Public Transportation who will then work with the Corpus Christi Police Department to determine the STEP sites where operations will be funded with Traffic Safety funds. wL.TSSFOa,a.a, Rev 5/80 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT, ATTACHMENT 1 STATEMENT OF WORK(m) 011 10111 INCLUDE INCLUDE MILESTONE SCHEDULE AND METHOD 04 EVALUATION II. OBJECTIVE OF THE PROJECT 1. The overall goal of this project is to implement special overtime STEP activities in areas of highest hazardous moving violation related accidents to obtain a 10% reduction in the target sites in Fiscal Year 1981. 2. To increase hazardous moving violation traffic law enforcement activities by 2640 hours during the project period. 3. To attain an 85% conviction rate for the STEP arrests during the project period. III. SCOPE OF WORK In order to accomplish the project goals, Corpus Christi Police Department shall: 1. Select officers to be assigned to each area for the individual Operational Plans. 2. Provide for training and/or orientation for the STEP operational plan. 3. Develop system to document work hours, STEP activities, and the various reports necessary to monitor such activities. 4. Provide for continuing supervision of STEP activities to insure that person- nel are working in their assigned areas at the times of day and days of the week specified. IV. THE TRAFFIC SAFETY SECTION, STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTA- TION SHALL: A. Reimburse the Corpus Christi Police Department for 100% of all allowable costs (up to the limit specified on Page 1 of this contract) for the follow- ing expenditures: FORM ASI Rev 5/80 PAGE 1 OF I tAAS 111 SAFETY PROGRAM CONTRACT ATTACHMENT 1 STATEMENT OF WORK( INCL.:DE MILESTONE SCHEDULE AND METHOD OT EVALUATION PERSONAL SERVICES 18111 Salaries (Overtime salary for Officers) $40,836.80 Salaries (Fulltime for secretary) 3,658.20 Fringe Benefits (FICA) for Officers 6,170.44 Fringe Benefits (FICA, Retirement, & Insurance) for Secretary 552.79 Municipal Court Overtime & Benefits - 5,000.00 Mileage ($.18 per mile) 5,400.00 TOTAL PERSONAL SERVICES $61,618.23 TOTAL CONTRACT TOTAL CONTRACT (ROUNDED) $61,618.23 $61,700.00 B. Provide reasonable technical assistance in accomplishing the project tasks. C. Monitor the project at a minimum of once per quarter, in accordance with the State Department of Highways and Public Transportation, D-18TS Project Moni- toring System. Areas to be monitored include (but are not limited to) the following: 1. Arrest Record Findings 3. Monthly Reports 2. Time Distribution Records 4. Mileage Logs V. ACTIVITIES TO CARRY OUT THE SCOPE OF WORK 1. Public Information and Education Activities: The Corpus Christi Police Department shall insure continuous Public Information and Education activi- ties to inform the citizens of planned activities and of activities being carried out to achieve a reduction iii speed related accidents in• the target areas. Some PI & E information, news releases, radio and TV spots may be developed by the Traffic Safety Section and provided for use by the Corpus Christi Police Department as they become available. Activities should be localized and provided by the local Public Education Specialist in the target area. TSSEcaMA)T Rev 5/80 PAGE t OF_ ' TEXAS TRAFFIC SAFETY PROGRAM CONTRACT. ATTACHMENT 1 STATEMENT OF WORK r ` 1 ) 011 011 DD 111 INCLUDE MILESTONE SCHEDULE AND METHOD Of I-VALUATI0N 2. Perform an Administrative and Impact Evaluation of the Project: The project director, in conjunction with the program monitors from the Traffic Safety Section, State Department of Highways and Public Transportation, will per- form an Administrative Evaluation of the Project. The Administrative Eval- uation shall focus on project performance, specific activities or outputs that are measured in quantifiable terms or any other subjective evaluation of benefits derived from the project should be reported along with the final claim for reimbursement. For the impact evaluation, personnel from Texas Transportation Institute will work with the project director to determine the data necessary to perform the impact evaluation. 3. Data Collection and Record Keeping: Corpus Christi Police Department will develop a system of coding all arrest tickets during the project, so that the arrest -information can be compared with the accident information, with particular emphasis given to arrests that have shown to be contributing factors in accidents during past years. The following data will be kept and reported during the project period: a. Total number of hazardous moving violation arrests in the STEP site. b. Total number of STEP hazardous moving violation arrests. c. Total number of STEP hours worked during each month/quarter. d. Number of STEP arrests per mile and per hour of STEP activity. e. Hazardous moving violation involving accidents, injuries and fatali- ties in STEP sites. f. Total number of cases filed, the number adjudicated and the type of disposition that will show the accomplishment of the 85% conviction rate for all of the STEP arrests during the contract period. TSS FORM A3 Rev 5/80 PAGE 1 OF TEXAS TRAFFIC SAFETY PROGRAM CONTRACT ATTACHMENT 1 STATEMENT OF WORK( Sill o f1 follf OD(11): - INCLUDE MILESTONE SCHEDULE AND METHOD Of FVALUANON VI. OPERATIONAL PLAN The Operational Plan for each STEP site will be developed and submitted to the Traffic Safety Section, State Department of Highways and Public Transportation • and will become a part of the contract. As a minimum, each plan should include but not be limited to the following: 1. Project Site Description - The accident history for the past three years. 2. Work Schedule - Should include days of the week, hours of the day, number of vehicles and officers and the location or locations for assignment for each day. Schedule of hours of supervision planned during the project. 3. Data and information that will be kept in order to determine the results and impact made by the overtime STEP activities. -Citations issued in STEP locations, by STEP officers. - Number of hours of STEP activity, planned vs. conducted. - Accidents within the STEP locations during STEP hours. -Adjudication disposition of all charges filed by STEP officers during STEP hours in STEP locations. VII. AUDIT REQUIREMENTS 1. This project is subject to audit in compliance with Federal Management Circular 74-4 and applicable State Requirements. 2. Documentation to support costs claimed for reimbursement shall include, but not be limited to the following: a. Payroll Register b. Time Records c. FICA Records d. Mileage Logs TSSFORMA3 Rev 5/80 PAGE 1 OF _ ' TEXAS•TRAFFIC SAFETY PROGRAM CONTRACT ' ATTACHMENT 1 STATEMENT OF WORKrm) 011 oJi ❑D INCLUDE MILESTONE SCHEDULE AND METHOD OF EVALUATION VIII. EVALUATION Evaluation of the project will be by statistical analysis and administrative assessment. Arrest data for the STEP site will be compared to data for the com- parable period for the preceeding year to determine if the goal has been achieved. Additionally, an administrative assessment of the efficiency and effectiveness of the project will be undertaken. Areas to be considered in this assessment may include (but not be limited to) the following: A. Systematic assignment of available manpower and equipment resources to identified problems and areas. B. That manpower so assigned are consistently working against those violations that contribute to the accidents at the times of day and day of week at high accident locations. C. Comparison of enforcement actions with violations which are accident causa- tive at the times and locations as described in the Operational Plan. D. The main activities of the evaluation will be to determine if the project was effective in obtaining its objective of 10% decrease in hazardous moving violation related accidents within targeted sites over the time period of 1980. IX. MILESTONES 1. Begin Project April 1, 1981. 2. Submit quarterly reimbursement claim and periodic reports May 29, 1981, September 30, 1981. 3. Submit monthly technical reports May 15, June 15, July 15, August 15, September 30, 1981. 4. End project enforcement activities September 30, 1981. 5. Prepare for, evaluation September 30, 1981. 6. End project September 30, 1981. TSSFORMA31 Rev 5/80 PAGE I OF _ TEXAS TRAFFIC SAFETY PROGRAM CONTRACT ATTACHMENT 1 STATEMENT OF WORK() $! 1 Olt told • a 00 Ill I.CLJDE MIL ESIONE SCHEDULE AND METHOD OT I -VALUATION X. ACCOUNTABLE ASSETS 1. The purchase of Accountable Assests is not authorized under this contract. 2. The Accountable Assets listed in Attachment 5 will be transferred from Increased Traffic Law Enforcement -- City of Corpus Christi, (80)05 -05 -A -1 -CR to this program, for the period of the contract, for use in performing the tasks herein described. Cttraot No. e GENERAL PROVISIONS CHECK LIST Attachment 2 r The following provisions contained in "General Provisions for Contracts" - Form GC -2A, are hereby included as a part of this contract by reference: Ex I. Definitions QII. Changes 3 III. Disputes © IV. Conditions for Termination Prior to Completion 0 V. Excusable Delays 0 VI. Non -Collusion O VII. Contract Period Established O VIII. Cost Provisions IX. Method of Payment (Check one) 0 A. Lump Sum 0 B. Cost Per Unit Work El C. Cost Plus a Fixed Fee O D. Specific Rates of Compensation p E. Cost ED X. Terms and Conditions of Payment ED XI. Inspection Ox XII. Property Accountability O XIII. Retention 0 XIV. Ownership of Data and Creative Material ❑ XV. Reports Ex XVI. Equal Opportunity xE XVII. Overtime Compensation XJ XVIII. Convict Labor Ex XIX. Subcontractual (Applies to all Federal and Most State contracts) 0 xx. Utilization of Small Business Concerns Q XXI. Order of Precedence 0 XXII. Assignment, Subletting and Transfer ED XXIII. Cancellation fJ XXIV. Contractor's Liability ED XXV. Save Harmless Q XXVI. Tax and Compensation Liability Ex XXVII. Reimbursement of Eligible Expenditures E XXVIII. Application of Hatch Act (Applies to all Federal contracts) " ED XXIX. Standards for Grantee Financial Management Systems 0 XXX. Procurement procedures (Applies to Federal grants to State agencies and communities only) XXXI. Cost of Living Council Regulations (Applies to all Federal contracts) j XXXII. Minority Business Enterprise GC -2 8/75 Page 1 of 1 GC -2A Rev. 2/80 TRAFFIC SAFETY SECTION - SDHPT GENERAL PROVISIONS FOR CONTRACTS I. DEFINITIONS: As used throughout this contract, the followingterms shall have the meanings set forth below:. A. The term "Contracting Officer" means the person executing a contract on behalf of the State Department of Highways and Public Transportation, and any other officer or employee who is properly designated Contracting Officer; and the term includes, except as otherwise provided in the contract, the authorized representative of the Contracting Officer acting within the limits of this authority. B. Unless otherwise specified in the contract Statement of Work, the term "office" means the State Department of Highways and Public Transportation. C. The -term "contractor" means the party entering into agreement with the State of Texas under a grant or contract. D. Except as otherwise provided in the contract, the term "subcontract" includes all third party agreements under the contract. 11. CHANGES: A. Significant changes in the scope, character, or complexity of the work may be enacted by Contract Change Notices (CCN), when necessary, if there is mutual assent between the,con- tracting parties. (Such supplements and modifications are subject to approval by the agencies who originally authorized the contract, before allowable costs can be incurred for such activities.) B. The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes, within the general scope of this contract. If any such change causes an increase or decrease in the estimated cost of, or the time required for the performance of any part of the work under this contract, whether changed or not changed by any such order, or otherwise affects any other provision of this contract, an equitable adjustment shall be made. Any claim by the Contractor for adjustment under this clause must be asserted within thirty (30) days from the date of Paae 1 of 18 receipt by the Contractor of the notification of change; provided that, without prejudicing the right to reject any claim asserted after this time, if the Contracting Officer decides that the facts justify such action, he may receive and act upon any such claim asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, except as provided in paragraph (C) below, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. C. Notwithstanding the provisions of paragraphs (A) and (B) above, the estimated cost of this contract shall not be in- creased or deemed to be increased except by specific written modification of the contract indicating the new contract estimated cost and, if this contract is incrementally funded, the new amount allotted to the contract. Until such modification is made, the Contractor shall not be ob- ligated.to continue performance or incur costs beyond the point established in this contract. III. DISPUTES: A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer• shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Office. The decision of the Office or its authorized representative for the deter- mination -of such appeals shall be final and conclusive un- less determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed dili- gently with the performance of the contract and in accor- dance.with the Office's decision. B. This "DISPUTES" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph A above: provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. GC -2A Rev 2/80 Page 2 of 18 0 IV. CONDITIONS FOR TERMINATION PRIOR TO COMPLETION: If, through any cause other than acts of God or the public enemy, flood, or quarantine restrictions, the Contractor should fail to fulfill in timely or proper manner the obligations of this agreement, the Office may terminate this agreement by giving written notice to the Contractor at least seven (7) days prior to the effective date of termination and specifying the effec- tive date of termination. All finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models and photographs prepared by the Contractor shall, at the option of the Office become the property of the Office and the Contractor shall be entitled to receive only reasonable and equitable com- pensation for the satisfactory work completed and only in ratio to the monetary consideration covenanted and agreed upon in this agreement for the completed scope of the work. Either principal to this agreement may, at his convenience, terminate this agreement by one giving to the other, or each giving to the other, written notice of such termination and specifying the effective date at least thirty (30) days prior to the effective date of such termination so specified. Upon termination of this agreement, whether for cause or at the convenience of one or both principals, the Contractor shall be reimbursed for the portion of out-of-pocket expenses (not other- wise reimbursed prior thereto) incurred by the Contractor during the contract period which are directly attributable to the in - completed portion of the services covered by this agreement. The Contractor shall be paid an amount which bears the same ratio to the total compensation as the services actually per- formed bear to the total services of the Contractor. V. EXCUSABLE DELAYS: Except with respect to defaults of subcontractors, the Con- tractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (in- cluding any failure by the Contractor to make progress in the prosecution of the work hereunder which endangers such per- formance) if such failure arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and un- usually severe weather, but in every case the failure to per- form must be beyond the control and without the fault or negli- gence of the Contractor. If the failure to perform is caused by the failure of a subcontractor to perform or make progress, and if such failure arises out of causes beyond the control of the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be deemed GC -2A Rev 2/80 Page 3 of 18 to be in default, unless (a) the supplies or services to be furnished by the subcontractor were obtainable from other sources, (b) the Contracting Officer shall have ordered the Contractor in writing to procure such supplies or services from other sources, and (c) the Contractor shall have failed to comply reasonably with such order. Upon request of the Contractor, the Contracting Officer shall ascertain the facts and extent of such failure and, if he shall determine that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. VI. NON -COLLUSION: The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working for the consultant,to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percen- tage, brokerage fee, gift, or any other consideration, con- tingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the Office shall have the right to annul this agreement without liability, or, in its discretion,to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. VII. CONTRACT PERIOD ESTABLISHED: The effective date of this contract is as specified in the Statement of Work. All work and services required hereunder shall be completed no later than the date specified in the Statement of Work, subject to the availability of funds and notification to the Contractor by the Office. VIII. COST PROVISIONS: General Services Administration's Circulars FMC 74-4, "Cost Principles Applicable to Grants and Contracts with State and Local Governments," and FMC 73-8, "Cost Principles for Educa- tional Institutions," are hereby incorporated as a part of this agreement and shall govern allowability of costs where appropriate. IX. METHOD OF PAYMENT: One of the methods of payment and associated conditions below will apply to this agreement: A. LUMP SUM - The Contractor agrees to perform the work pre- viously stated and to accept as payment a number of equal GC -2A Rev 2/80 Page 4 of 18 0 payments plus a•final payment after approval of the work performed, as set forth in the contract. The amount of the final payment may be adjusted in the event of change in the work to be performed provided there is mutual agreement be- tween the contracting parties. (See Statement of Work) B. COST PER UNIT OF WORK - The Contractor agrees to perform the work previously stated and to accept as payment a unit price for each unit of work performed as specified in the contract. C. COST PLUS A FIXED FEE AMOUNT - The Contractor agrees to per- form the work previously stated and to accept as payment a reimbursement for all valid costs incurred in accordance with the terms of the contract and all referenced documents plus a fixed fee amount as specified in the contract. D. SPECIFIC RATES OF COMPENSATION - The Contractor agrees to perform the work previously stated and to accept as payment a schedule of payments as specified in the contract. E. COST - The Contractor agrees to perform the work previously stated and to accept as payment a reimbursement for all valid costs incurred in accordance with the terms of the contract. X. TERMS AND CONDITIONS OF PAYMENT: A. Unless otherwise specified in the contract Statement of Work, the Contractor agrees to bill the Office at quarterly intervals only, using the forms and format specified. The maximum amount of the total contract, including fee (if any), but withoutapproved adjustments, is as specified in the contract. E. The Contractor agrees to submit no bill for work performed or material delivered unless such bill is accompanied by a report which complies with the requirements of the State- ment of Work. XI. INSPECTION: The Office, (including, as an adjunct thereto, agents of the Federal Government when federal funds are involved) has the right, at all reasonable times, to inspect, or otherwise evalu- ate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made by the Office on the premises of the Con- tractor or a subcontractor, the Contractor shall provide and shall require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the Office's representatives in the performance of their duties. All inspections and evaluation shall 'be performed in such a manner as will not unduly delay the work. GC -2A Rev 2/80 Page 5 of 18 XII. PROPERTY ACCOUNTABILITY: The Contractor shall not purchase, under this contract, any item of property with an original cost of $50.00 or more unless specifically authorized to do so in the contract Statement of Work, with references. B. The Contractor shall establish and administer a system to control, protect, preserve, and maintain any property and/or equipment having an original cost of at least $50 and a use- ful life of at least one (1) year which is furnished to or purchased by the Contractor under this agreement. C. Any such property acquired under this contract or furnished to the Contractor by the Office for use under the contract shall, at the completion of the contract, become the pro- perty of the Office and shall be returned to the Office. The Office may, at its discretion, assign the property to the Contractor or to others, or may dispose of it in accordance with Federal and State regulations. D. The Office must reassign said property to other highway safety use or dispose of it in accordance with State and Federal regulations. XIII. RETENTION: A. The Contractor agrees to maintain books, records, docu- ments, and other evidence pertaining to the costs and ex- penses of this contract (hereinafter collectively called the "records") to the extent and in such detail as will properly reflect all net costs direct and indirect, of labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which re- imbursement is claimed under the provisions of this contract. B. The Contractor agrees to make available at the office of the Contractor at all reasonable times during the contract period and for the period set forth in paragraph C.,below, any of the records for inspection, audit,or reproduction by any authorized representative of the Office. C. The Contractor shall preserve and make available his records (1) for a period of three years from the date of final payment under this contract; and, (2) for such longer period, if any, as is required by applicable statute, by any other clause of this contract, or by 1. or 2. below. 1. If this contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting final settlement. GC -2A Rev 2/30 Page 6 of 18 2. Records which related to (1) appeals under the Disps clause of this contract, (2) litigation or the settle- ment of claims arising out of the performance of this contract, or (3) costs and expenses of this contract as to which exception has been taken, shall be retained by the Contractor until such appeals, litigation, claims, or exceptions have been disposed of. D. The Contractor further agrees to include in each of his sub- contracts in excess of $10,000.00 in total value, a provi- sion to the effect that the subcontractor agrees that the Office shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records. XIV. OWNERSHIP OF DATA AND CREATIVE MATERIAL: All data and materials created or collected under the terms of the agreement shall become the property of the Office and copies of such data and material shall be furnished to the Office on request. XV. REPORTS: A. Before publication or printing, the final draft of any re- ports(s) required under the contract schedule shall be submitted to the Office for review and concurrence. Re- view and approval by the National Highway Traffic Safety Administration will be coordinated by the Office prior to returning comments or approvals to the Contractor. All recorded information which is produced in the performance of this agreement shall be the sole property of the State Department of Highways and Public Transportation and reports or other such information are to be regarded as material in the public domain and shall not be copyrighted or restricted as to the distribution and reproduction. The Contractor shall furnish the Office with the quantity of copies of the report(s) specified in the contract. B. Each report covered by paragraph A. must include the follow- ing statements on the cover page: 1. State projects: "This report was prepared for the con- tractor and/or contracting agency in cooperation with the State Department of Highways and Public Transportation. Federally funded projects, add to the above quote: "..,the National Highway Traffic Safety Administration and/or Federal Highway Administration of the Department of Transportation." 2. "The conclusions and opinions expressed in this document are those of the author, and do not necessarily represent those of the State of Texas, the State Department of Highways and Public Transportation or any political subdivision of the State or Federal Government.: Page 7 of 18 Co -2A nov 2/80 XVI: EQUAL OPPORTUNITY: During the performance of this contract, the contractor agrees as follows: A. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimi- nation in federally -assisted programs of the Depart- ment of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21. as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color! or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment, The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitation either by competitive bidding or negotiation made by the contractor for work to be performed under a sub- contract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. D. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the National Highway Traffic Safety Adminis- tration or the Federal Highway Administrationas appropriate, to be pertinent to ascertain compliance with such Regulations, Orders and Instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information,the contractor shall so certify to the State or the Administrations as appro- priate, and shall set forth what efforts it has made to obtain the information. GC -2A Rev 2/.80 • Page 8 of 18 E, Sanctions for Noncompliance; In the event of the con- tractor's noncompliance with the nondiscrimination pro- visions of this contract. the State shall impose such contract sanctions as it or the Administrations may determine to be appropriate, including, but not limited to: 1. withholding of payments to the contractor under the contract until the contractor complies;and/or, 2. cancellation, termination, or suspension of the contract in whole or in part. F. Incorporation of Provisionse The contractor shall include the provisions of paragraphs (A) through (F) in every subcontract, including procurements of mater,- ials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the State or the Administrations may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however. that in the event a contractor • becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. XVII: OVERTIME COMPENSATION: This contract, to the extent that it is of a character speci- fied in the Contract Work Hours Standards Act (40 U.S.C. 327- 300), is subject to the following provisions and to all other applicable provisions and exceptions of such Act and the regu- lations of the Secretary of Labor thereunder. A. Overtime Requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek on work subject to the pro- visions of the Contract Work Hours Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and one-half of eight hours in any calen- dar day or in exess of forty hours in such workweek, which- ever is the greater number of overtime hours, B. Records - The Contractor shall maintain payroll records containing the information necessary to show compliance with the above requirements for three years from the completion of the contract. GC -2A Rev2/80 Page 9 of 18 XVIII. CONVICT LABOR: - In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sen- tence of imprisonment at hard labor. XIX. SUBCONTRACTING: A. The Contractor shall give advance notice to the Office of any proposed subcontract hereunder, and the Contractor shall not, without prior written approval of the Contracting Officer, enter into such subcontract. (See paragraph B, below.) B. The National Highway Traffic Safety Administration or Federal Highway Administration may require approval of any contract for professional services prior to issuance and initiation of work. This review may take up to thirty (30) days and shall consider, in part, the following matters: 1. Determination of the consultant's qualifications; 2. Manner of selection from those qualified to perform the service; 3. Necessity for subcontracting; 4. Review of the contract, to ensure that minimum terms of •the prime contract have been incorporated into the sub- contract; 5. Pre -award audit has been performed (contracts in excess of $25,000.00); and, 6. The Contractor's price breakdown includes costs (if any) for personal services, subcontracts, commodities, other direct costs, indirect costs, and profit. XX. UTILIZATION OF SMALL BUSINESS CONCERNS: A. It is the policy of the United States Government as declared by the Congress that a fair proportion of the purchases and contracts for supplies and services for the Government be placed with small business concerns. B. The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Contrac- tor finds to be consistent with the efficient performance of this contract. XXI. ORDER OF PRECEDENCE: In the event of an inconsistency between provisions of this contract, the inconsistency shall be resolved by giving pre- cedence in the following order: GC -2A Rev 2/30 Page 10 of 18 0 A. Contract or Approved Grant Application Document B. Statement of Work C. Special Provisions D. General Provisions XXII. ASSIGNMENT, SUBLETTING AND TRANSFER: This contract shall be deemed personal between the Contractor and the Office, and neither party shall subcontract, assign, sub- let or transfer its interest in this contract without written consent of the other. Each party binds itself, its partners, successors, administrators, executors, and legal representatives of such other party. XXIII. CANCELLATION: This contract may be cancelled if the Contractor shall violate any of the laws of the United States of America or the State of Texas. In such event, the Contractor shall be paid only for those services performed prior to cancellation. XXIV. CONTRACTOR'S LIABILITY: A. The Contractor shall be liable for any loss of, or injury to, any material developed or serviced under this contract which is caused by the Contractor's failure to exercise such care in regard to said material as a reasonably careful owner of similar materials would exercise. B. Contractor shall provide commercial insurance or equivalent method acceptable to this office for replacement or repair of damaged or lost equipment. Contractor shall reimburse this office for residual value of sold or disposed of equip- ment. XXV. SAVE HARMLESS: It is expressly agreed and understood that the Contractor is an independent contractor and not an agent, servant, or employee of the State, and the Contractor shall save harmless the State and representatives thereof from all suits, actions, or claims of any kind brought on account of any person or property in con- sequence of any neglect in safeguarding the work, or on any act or omission by the Contractor or its employees, or from any claims or amounts arising or recovered under Workmen's Compensa- tion Laws or any other law, by-law, ordinance, regulation, order, or decree. The Contractor shall be responsible for all damage to property and personal injury of any kind resulting from any act, omission, neglect, or misconduct of any employee or agent of said contractor in the manner or method of performing the work for the period of the contract. GC -2A Rev 2/80 Page 11 of 18 XXVI. TAX AND COMPENSATION LIABILITY: - Nothing herein contained shall be construed as incurring for the State any liability for Workmen's Compensation, F.I.C.A., Withholding Tax, Unemployment Compensation, or any other payment which would be required to be paid by the State if the State and the Contractor were standing in an employer-employee relation- ship, and the Contractor hereby agrees to assume and pay all such liabilities. - XXVII. REIMBURSEMENT OF ELIGIBLE EXPENDITURES: A. It is mutually agreed and promised that upon written applica- tion by the Contractor and approval by the State, the State shall obligate said funds for reimbursement of eligible ex- penditures as set forth in the application. B. It is mutually agreed and promised that the Contractor shall reimburse the State for any ineligible or unauthorized ex- penditures for which Federal funds have been claimed and payment received as determined by a State or Federal audit. C. It is further agreed and promised that where reimbursement is made to the Contractor in installments, the State shall have the right to withhold any installments to make up reimbursement received for any ineligible or unauthorized expenditures until such time as the ineligible claim is made up or corrected by the Contractor. XXVIII. APPLICATION OF HATCH ACT: It is mutually agreed and promised that the Contractor shall notify all employees of the Contractor, whose principal employ- ment is in connection with any traffic safety project, financed in whole or in part by loans or grants under the Highway Safety Act of 1966, of the provisions of Section 12(a) of the Hatch . Act [15 U.S.C. 118 (a)]. XXIX. .STANDARDS FOR GRANTEE FINANCIAL MANAGEMENT SYSTEMS: A. This item prescribes standards for financial management - systems of grant -supported activities of state and local governments. B. Grantee financial management systems shall provide for: 1. Accurate, current, and complete disclosure of the financial results of each grant program in accordance with SDHPT reporting requirements; 2. Records which identify adequately the source and applica- tion of funds for grant -supported activities. These CC -2A Rev 2/80 Page 12 of 18 a records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays, and income; 3. Effective control over and accountability for all funds, property, and other assets. Grantees shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes; 4. Comparison of actual with budgeted amounts for each grant. Also, relation of financial information with performance or productivity data, including the pro- duction of unit cost information whenever appropriate and required by the grantor agency; 5. Procedures to minimize the time elapsing between the transfer of funds from the State Treasury and the dis- bursement by the grantee, whenever funds are advanced by State Department of Highways and Public Transportation; 6. Procedures for determining the allowability and allo- cability of costs in accordance with the provisions of General Services Administration's Circular No. FMC 74-4; 7. Accounting records which are supported by source docu- mentation; 8. Audits to be made by the grantee or at his direction to determine, at a minimum, the fiscal integrity of financial transactions and reports, and the compliance with laws, regulations, and administrative requirements. The grantee will schedule such audits with reasonable frequency, usually annually, but not less frequently than once every two years, considering the nature, size, and complexity of the activity; and, 9. A systematic method to assure timely and appropriate re- solution of audit findings and recommendations. XXX. PROCUREMENT PROCEDURES: A. All procurement transactions regardless of whether negotiated or advertised and without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The grantee should be alert to organizational conflicts of interest or noncompetitive practices among con- tractors which may restrict or eliminate competition or otherwise restrain trade. B. The grantee shall establish procurement procedures which provide for, as a minimum, the following procedural require- ments: GC -2A Rev 2/80 Page 13 of 18 1. Proposed procurement actions shall be reviewed by grantee officials to avoid purchasing unnecessary or duplicative items. Where appropriate, an analysis shall be made of lease and purchase alternatives to determine which would be the most economical, practical procurement. 2. Invitations for bids or requests for proposals shall be based upon a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. "Brand name or equal" description may be used as a means to define the per- formance or other salient requirements of a procurement, and when so used, the specific features of the brand which must be met by offerers should be clearly specified. 3. Positive efforts shall be made by the grantee to utilize small business and minority-owned business sources of supplies and services. Such efforts should allow these sources the maximum feasible opportunity to compete for contracts to be performed utilizing Federal grant funds. 4. The type of procuring instruments used (i.e., fixed price contracts, cost reimbursable contracts, purchase orders, incentive contracts, etc.), shall be appropriate for the particular procurement and for promoting the best interest of the grant program involved. The "cost- plus -a -percentage -of -cost" method of contracting shall not be used. 5. Formal advertising, with adequate purchase description, sealed bids, and public openings shall be the required method of procurement unless negotiation pursuant to paragraph (6) below is necessary to accomplish sound procurement. However, procurements of $2,500 or less need not be so advertised unless otherwise required by State or local law or regulations. Where such advertised bids are obtained, the awards shall be made to the re- sponsible bidder whose bid is responsive to the invita- tion and is most advantageous to the grantee, price, and other factors considered. (Factors such as discounts, transportation costs, and taxes may be considered in determining the lowest bid.) Invitations for bids shall clearly set forth all requirements which the bidder must fulfill in order for his bid to be evaluated by the grantee. Any or all bids may be rejected when it is in the grantee's interest to do so, and such rejections are in accordance with applicable State and local law, rules, and regulations. GC -2A Rev 2/80 Page 14 of 18 O 6. Procurements may be negotiated if it is impracticable and unfeasible to use formal advertising. Generally, procurements may be negotiated by the grantee if: a. the public exigency will not permit the delay inci- dent to advertising; b. the material or service to be procured is available from only one person or firm (All contemplated sole source procurements where the aggregate expenditure is expected to exceed $5,000 shall be referred to the grantor agency for prior approval.); c. the aggregate amount involved does not exceed - $2,500; d. the contract is for personal or professional ser- vices, or for any service to be rendered by a uni- versity, college, or other educational institutions; e. the material or services are to be procured and used outside the limits of the United States and its possessions; f. no acceptable bids have been received after formal advertising; g• the purchases are for highly perishable materials or medical supplies, for material or services where the prices are established by law, for technical items or equipment requiring standardization and interchangeability of parts with existing equipment, for experimental, developmental, or research work, for supplies purchased for authorized resale, and for technical or specialized supplies requiring substan- tial initial investment for manufacture; h. otherwise authorized by law, rules, or regulations. Notwithstanding the existence of circumstances justifying negotiation, competition shall be obtained to the maxi- mum extent practicable. 7. Contracts shall be made only with responsible contractors who possess the potential ability to perform success- fully under the terms and conditions of a proposed pro- curement. Consideration shall be given to such matters as contractor integrity, record of past performance, financial and technical resources, or accessibility to other necessary resources. 8. Procurement records or files for purchases in amounts in excess of $2,500 shall provide at least the following pertinent information: justification for the use of negotiation in lieu of advertising, contractor selection, and the basis for the cost or price negotiated. - GC -2A Rev 2/80 Page 15 of 18 XXXI. COST OF LIVING COUNCIL REGULATIONS Each recipient of a grant or contract of an amount in excess of $2,500 shall comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. Submission of a bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a con- tract or agreement with the grantee shall constitute a certifi- cation by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regu- lations or standards. Violations shall be reported to the Office and the local Internal Revenue Service field office. XXXII. MINORITY BUSINESS ENTERPRISE A. General "The grantee agrees to use his best efforts to ensure that minority business enterprises shall have the maximum opportu- nity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement." B. Utilization of Minority Business Clause The "Utilization of Minority Business Clause" set forth be- low shall be included in all contracts financed in whole or in part with Federal funds provided under this agreement which exceed $5,000 except contracts which, including all subcontracts thereunder, are to be performed entirely outside the United States, its possessions, and Puerto Rico, and contracts for services which are personal in nature. 1. It is the policy of the Department of Transportation that minority business enterprises shall have the maxi- mum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. 2. The Contractor agrees to use his best efforts to carry out. this policy in the award of his subcontracts to -the fullest extent consistent with the efficient performance of this contract. As used in this contract, the term "minority business enterprise" means a business, at least fifty (50) percent of which is owned by minority group members or, in the case of publicly owned businesses, at least fifty-one (51) percent of the stock of which is owned by minority group members. For the purpose of this definition, minority group members are Negroes, Spanish speaking American persons, American Orientals, American Indians, American Eskimos, and American Aleuts. Contractors may rely on written representations by sub- contractors regarding their status as minority business enterprises in lieu of an independent investigation. GC -2A Rev 2/80 Page 16 of 18 0 C. The "Minority Business Subcontracting Clause" set forth below shall be included in all contracts which contain the clause required by subparagraph (2) above, and which, in the opinion of the grantee, offer substantial subcontract- ing possibilities.• 1. The Contractor agrees to establish and conduct a program which will enable minority business enterprises (as defined in the clause entitled "Utilization of Minority Business Enterprises Clause") to be considered fairly as subcontractors and suppliers under this contract. In this connection the Contractor shall... a. designate a liaison officer who will administer the Contractor's minority business enterprises program; b. provide adequate and timely consideration of the potentialities of known minority business enterprises in all "make -or -buy" decisions; c. ensure that known minority business enterprises will have an equitable opportunity to compete for sub- contracts, particularly by arranging solicitations, time for the preparation of bids, quantities, specifications and delivery schedules so as to facilitate the participation of minority business enterprises; d. maintain records showing (a) procedures which have been adopted to comply with the policies set forth in this clause, including the establishment of a source list of minority business enterprises on the source list and (b) specific efforts to identify and award contracts to minority business enterprises; e. include the "utilization of Minority Business Enter- prises Clause" in subcontracts which offer substan- tial minority business enterprises subcontracting opportunities; f. cooperate with the Contracting Officer in any studies and surveys of the Contractor's minority business enterprises procedures and practices that the Con- tracting Officer may from time to time conduct; submit periodic reports of subcontracting to known minority business enterprises with respect to the records referred to in subparagraph d., above, in such form and manner and at such times (not more often than quarterly) as the Contracting Officer may prescribe. g. GC -2A Rev 2/80 Page 17 of 18 L• 2. The Contractor further agrees to insert in any sub- contract,hereunder, which may exceed $500,000, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcon- tractors. GC -2A Rev 2/880' Page 18 of 18 SPECIAL PROVISIONS Attachment 3 1. Total cost reimbursement shall not exceed the value shown on the approved contract application. 2. Unless prior approval in writing is granted from the Traffic Safety Section, no costs may be incurred after the end of the contract period specified. 3. Overtime records must document the distribution of both regular time and overtime worked for traffic safety and all other activities. 4. Personal vehicle expenses may be charged in accordance with local policy to the extent they are in compliance with FMC 74-4 and related State and Federal cost allowance regulations. 0 5. All expenditures shall be in strict compliance with monies allocated in the approved contract. 6. All costs are subject to verification by the State Department of Highways and Public Transportation External Audit Section. Source documentation shall be made available. Records to support this program shall be kept three years past resolution of audit findings. 7. Approval of this contract is for the stated period only. This approval does not commit or promise to commit funding for any subsequent period. 8. The contract smount shall be adjusted at the discretion of the Traffic Safety Section when expenditures reflect a projected underrun. 9. All costs claimed for reimbursement shall be categorized in accordance with the estimated budget. 10. Costs claimed for vehicle mileage must be supported by a daily mileage log. 11. The hourly rate as reflected in the estimated budget is for budgetary purposes only. The amount allowable for reimbursement by the Traffic Safety Section shall be based on the actual rate paid by the contractor to each participant. 12. No indirect costs and no contractual services shall be eligible for reimburse- ment under this contract. SPECIAL PROVISION MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS It is the policy of the Department of Transportation that Minority Busi- ness Enterprises as defined in 49 CFR Part 23 shall have the maximum op-;:, portunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority.Busineas Enter-., prise requirements of 49 CFR Part 23 apply to this contract as followa::," The Contractor agrees to insure that Minority Business Enterprises aa de- fined in 4.9 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that Minority Business Enterprises have the maximum opportunity to compete for and per- form contracts. The Contractor and any Subcontractors.shall not discriminate on the basis of race, color, national origin or sex in the award and performance of con- tracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the Department, may re- sult in termination of the contract by the State or other such remedy as the State deems appropriate. 1-1 O - O BUDGET SHEET: SELECTIVE TRAFFIC ENFORCEMENT PROGRAM -- SIX MONTHS APRIL through SEPTEMBER 1981 I. SALARIES & BENEFITS A. Sergeant 1. 2640 Man Hours x $12.315 per hour $32,511.60 2. TMRS (.0768) 2,496.89 3. FICA (.0613) 1,992.96 4. Workmen's Comp. (.013) 422.65 SUB TOTAL $37,424.10 B. Lieutenant 1. 1 officer x 20 Man Hours a week x 26 weeks x $16.010 per hour 2. TMRS (.0768) 3. FICA (.0613) 4. Workmen's Comp. C. Clerical (.013) SUB TOTAL $ 8,325.20 639.38 510.33 108.23 $ 9,583.14 1. 1 secretary x 20 hours x 26 weeks x $7.035 overtime per hour $ 3,658.20 2. TMRS (.0768) 280.95 3. FICA (.0613) 224.28 4. Workmen's Comp. (.013) 47.56 SUB TOTAL $ 4,210.99 II. MUNICIPAL COURT OVERTIME AND BENEFITS SUB TOTAL $ 5,000.00 III. MILEAGE 30,000 miles per 6 mths. x $.18 per mile SUB TOTAL = $ 5,400.00 GRAND TOTAL = $61,618.23 0 claimed as costs on the last (monthly or quarterly) report of the project. 2) Errors - In the event of an error in the amount claimed (either an overcleim or an underclaim), an adjustment may be made on a subsequent report by entering corrections (which may be positive or nega- tive in value). If an error is found subsequent to the final report, a supplementary claim may be submitted (use form PR -1, with the words 'SUPPLEMENTARY REPORT,' entered above the title). B. PERSONAL SERVICES, CONTRACT SERVICES, COMMODITIES, OTHER DIRECT COSTS AND INDIRECT COSTS - Enter the total amount" expended for the reporting period in the spaces provided, using the following category definitions: 1) Personal Services - Salaries and benefits of all salaried personnel (for time actually spent working on the project), travel costs (fares, mileage, etc.), and other travel expenses (per diem or room rent, meals, etc.). 2) Contract Services - Costs incurred under project subcontracts•• (including consultant services). 3) Commodities - The costs of expendable materials and supplies used on the project (prorated coats may be used if approved by OTS). "The project contract shows cost by these same categories: if match- ing costs are shown in the contract, include them in these spaces. I£ matching costs are not shown in the contract, do not include these spaces. **Most subcontracts must be approved in advance by OTS (see contract requirements. Page 3 of 17 4) Other Direct Costs - The cost of purchase of necessary accountable assets, computer services, rentals, other services, etc. .5) Indirect Costs - The percentage add-on cost authorized by contract (may include profit). NOTE: Indirect costs may be charged only when permitted by contract. The requirements for sub- stantiation of indirect costs at audit are often more severe than for direct costs. OTS forms PR -3,4,5, and 6 shall be attached (as appli- cable) unless the requirement for these attachments has been waivedin writing by OTS. C. TOTAL COST AND TOTAL COST CLAIMED FOR REIMBURSEMENT - 1) Total Cost - This is the sum of the costs, listed above (for the reporting period). 2) Total Cost Claimed for Reimbursement - This amount is computed on the basis specified in the contract; if the contract specifies 100% cost reimbursement, this amount will equal the "total cost" (provided the total amount claimed on all reports may never exceed the 'Maximum Amount Eligible for Reimburea many) as shown in the contract. 6. CUMULATIVE EXPENDITURES AND CLAIFIS - Enter the sum of expenditures shown on this report plus those on all prior reports as cumulative actual expenditures. Cumulative actual claimed is similarly computed from claimed amounts. Planned expenditures are only reported on quarterly reports or on the last monthly report for a quarter (December, Page 4 of 17 Procedures PR -1,3.4,5,6, i 7 11/75 INSTRUCTIONS FOR PREPARATION OF A TEXAS TRAFFIC SAFETY PROGRAM PROJECT CLAIM AND PERIODIC RdPORT SCOPE: This document provides instructions for the completion of OTS forms PR -1,3,4,5,6, and 7; referred to collectively as the "TEXAS TRAFFIC SAFETY PROGRAM CLAM AND PERIODIC REPORT' (Enclosures 1 thru 6). GENERAL: 1. Project claims and periodic reports are required under the terms of most Texas Traffic Safety Program contracts. Three types of claim/report forms may be specified by contract; these instructions shall be used if OTS form PR -1 is specified. 2. The OTS contract may require that project claims and periodic reports be submitted monthly, or quarterly, or one time (only). 3. The attachment forms (PR -3,4,5,6, and 7) shall be assumed to be required unless the contract (or other written directions from OTS) states otherwise.• 4. It is recommended that a copy of the project contract and all changes thereto be reviewed before preparing a pro- ject claim and periodic report. PREPARATION OF 015 FORM PR -1 (Enclosure 1): 1, FINAL REPORT - Check the appropriate block indicating whether or not this is the final report to be submitted under this contract. 2. PROJECT TITLE - Enter the project title as shown on the contract. 015 Fours G-4 !4ea 12/75 Page 1 of 17 3. PROJECT NUMBER - Enter the project number, as shown on the contract, in the blocks provided. 4. MONTHLY/QUARTERLY REPORT - Check the appropriate block. If the contract requires monthly reports, the claim and report shall cover exactly one calendar month (or less, if at the beginning or end of the project); insert the applicable calendar month and year. If the contract re- quires quarterly reports, the claim and report shall cover exactly one quarter (or portion thereof) of a fiscal year (Oct. 1 - Dec. 31, Jan, 1 - Mar. 31, Apr. 1 - June 30, or July 1 - Sept. 30); check the appropriate quarter and enter the calendar year. 5. EXPENDITURES FOR THE REPORTING PERIOD - A. GENERAL: 1) Routine - 'Unless otherwise approved in writing by OTS, expenditures shall be recorded on a cash basis; i.e., a cost shall be claimed in the period during which it is actually paid. However, since all costs eligible for reimbursement under the con- tract must be claimed during the period of the con- tract, any allowable costs incurred during the con- tract period, but paid after the contract period, shall be claimed during the final reporting period (monthly or quarterly) of the contract. Example: wages and/or employee benefits for the last week (or month) of the project are frequently paid after the end of the project: they should, however, be Page 2 of 17 0 are acquired during any reporting period. Subsequent re- visions of the PR -7 must include all assets previously shown (even if they have been disposed of); it is suggested that the organization submitting claime retain the ori- ginal PR -7 for subsequent updating and submit photocopies to OTS. 2. HEADING - Same as the heading for PR -3,4,5, and 6. 3. OTS -UNIQUE TRANSACTION - Enter the 10 -digit OTS code for the asset (for example: M00006102), if known; if unknown, leave blank. 4. USER IDENT - Enter the inventory number used by the claimant organization. NOTE: If none is used, a number system must be created, a number assigned, and the number affixed to the asset (embossed tape is a useful method in some instances). 5. DESCRIPTION/SERIAL NO. - Enter a meaningful description of the asset and its serial number (if applicable). Examples of 'useful" descriptions are: A. Typewriter, IBM Selectric II, S/NXXXXXX... B. Desk, Secretarial, 30" x 60", left hand, walnut C. Pile Cabinet, 4 -dr., legal, black metal In general, manufacturers names are not useful, except in some instances where they uniquely define a type, style, or quality"; for examplq, "IBM Selectric II' or "HP -45" are useful identifiers but "Caremark" or "Shaw -Walker" are generally not. 6. PURCHASE COST - Enter the exact amount paid for the item, Page 9 of 17 if purchased. If furnished (from a previous contract or from another source by OTS),enter 'OTS." 7. ACQUISITION DATE - Enter the date the asset was received or transferred to the project. 0. DISPOSITION - If an asset is destroyed, stolen, or trans- ferred to another project respectively, enter "DESTROYED,' 'STOLEN," or the new project number and date of transfer in this column (if the new project number is not known, it can be obtained from the responsible OTS manager). NOTE: If an item is destroyed or stolen, the full detail must be documented; contact the responsible -OTS manager for details. If an asset is transferred to another or- ganization, an Accountable Assets Log (OTS form AA -2) must be furnished to you to clear your records (see the respon- sible OTS manager for details). SUBMITTAL - The completed and signed PR -1, with attachments,must be forwarded, in duplicate, to the responsible OTS manager. It will be reviewed and processed in accordance with OTS policy, and reimbursement may be expected within two to six weeks if no major problems are encountered in the review. The exact period required will depend upon immediate processing backlog in the OTS office and the State Comptroller's office, mail delays, and other cidental factors. Page 10 of 17 TT( PROJECT TITLE TEXAS TRAFFIC SAFETY PROGRAM Procedure PR -1 PROJECT CLAIM AND PERIODIC REPORT Enc]ASUre 1 ;(m)rn m G ❑ an LT THIS IS A MONTHLY REPORT FOR TOL MONTH OF 191- 7 THIS IS AOUARTERLY REPORT FOR I JFM I AMJ I I JAS ' I OND. 191_ L EXPENDITURES FOR REPORTING PERIOD (DETAILS ATTACHED( PERSONAL SERVICES CONTRACT SERVICES COMMOOIIIE$ CUMULATIVE EXPENOTTURFS 1 TO DATE( PLANNLD S ACTUAL S _ OTHER DIRECT COSTS CUMULATIVE CLAIMED HOT/ATE( COST IIF IN CONTRACT( ® PLANNED 5 TOTAL S ACTUAL S TOTAL CLAIMED FOR REIMBURSEMENT S - IL ACCOUNTABLE ASSETS LIST11 HAS CHANGED (ATTACH/ CI HAS NOT CHANGED III. SCHEDULE STATUS (MILESTONES SCHEDULED IODATE BUT NOT PREVIOUSLY COMPLETED( • NO MILESTONE NAME PLAN DATE ACTUAL P/. NARRATIVPREPORT A. ACCOMPLISRUDENTS (USE ADDITIONAL SHEETS.IF NECESSARY( OTS FORM AR•t REV 11/75 Paga 11 of 17 COnlmura on Bac. IV. NARRATIVE REPORT (CONTINUED( 8. PROBLEMS ENCOUNTERED (INCLUDE DISCUSSION OF MISSED MILESTONES AND CORRECTIVE ACTION( C. ASSISTANCE REQUITED AND/OR RECOMMENDATIONS HOOTS/ V. PROJECT ORGANIZATION CHART Celtly mal aI albmason P'eseAlea NHein it models am] manly In meets, wen volormea ode(lne pm., t 01 Imo elete00 ana no claim naa Otto P'oSenteO m el payment made Ry me Untied Slates al knee. w Ino Slate at Tem 10l TM costs CIalmed lel lelmbulsement 0 HAS CHANGED (ATTACH( O HAS NOT CHANGED FOR DISUSE Ree110e0 a aC my manapnema CLAIMANT AUTHORIZED SIGNATURE' APPROVALS Re Oe mea es fawed RecumUNT I•(•:8"cR OF ATTACHMENTS Page 12 of 17 }llcc1c urO 4 ATTACHMENT TO PERIODIC REPORT D TEDZEO COMMODITIES107_C NTRACT(1)m ❑ ❑ �' ITEMI DATE 1 ITEM ® OME051 014 [%1lhSION IVH T%VYIMLNI .13 0151 PR 5 RE`ASED 12115 TOTAL Page 15 of 17 1A110 IMIcH AVOW I ON MI ATTACHMENT TO PERIODIC REPORTITEMIZED D OTHER DIRECT COSTRACT,(�m '' l ❑ ❑ 02 UME 1 • . ITEM OTY UNIT COSI EXTENSION OOCUMEPIT TYPE I0, I'P 0.1 VR PUMA N1.4 RFYSED IMS TOTAL Page 16 of 17 MUST M',ICH AMOUNT CN I'H' Ebe1OSUre ATTACHMENT TO PERIODIC REPORT DATED__, 197-, CONTRACT(MOm , m� ACCOUNTABLE ASSETS REPORT OTS LNIOLIE • AN5ACTION USER IOENT DESCIDPTIONISEIVAL NO. PURO4 COST• AOUIS DAIS DIS1G5111GV •1:51100 By 015. INSERT THE LETTERS 'DIS- COS TE N M.A. REV 5205 Page 17 of 17 enclosure 2 ATTACHMENT TO PERIODIC REPORT DATED -09L_ , CONTRACTI(`+•+s�� m 0 p En ATTACHMENT TO PERIODIC REPORT DATED___, 197_. CONTRACT( ITEMIZED PERSONAL SERVICES ! ITEMIZED SUDCONTRACT SERVICES DATE LABOR CATEGORY OR PERSONS NAME TIME WORKED a RATE E%Ex,".IN DOCUI&NT TYPE M R I1�'E S OTSF ORM PR 3 REVISED II/I5 TOTAL S MUST M.Y.,,MAMOUNI ON"R'I Pago 13 of 3.7 F]Ic1oN m Q DAR SURCONTRA.CTOREESCRIPTION OF WORK AMOUNT PAID DOCUMENT TME M 11 TA1 0,5 U,E 015 FOAM PRI RLYISLD 1305 Page 10 of 1.7 TOTAL MUST Aw 1.5' AMOLNI 571 PR 1 Contract No. ( 8 11 10111 Attachment 5 to 111 0 0 SCHEDULE OF GOVERNMENT FURNISHED ASSETS The following items will be furnished to the Contractor by the Traffic Safety Section, SDHPT for use in the performance of work under this contract. The requirements of General Provisions XII and XXIV apply. UNIQUEASSIGNED TRANSACTION NO. DENT NO. DESCRIPTION MANUFACTURER SERIAL NO. CONDITION TC005413 4605-2 Radar Unit MR -9 1594 - 1644 Serviceable• TC005414 4605-1 Radar Unit MR -9 1617 - 1649 Serviceable Page 1 of 1 Form GC -GFA Rev 5/80 0 l'`Attachment,6 (81) .01.01,, OF:$2,500 PROCUREME T,INFORMATION FOR NEGOTIATED PURCHASES''IN IDENTIFICATION OF PROCUREMENT Comprehensive Selective Traffic Enforcement Program - City of Corpus Christi f�zl 3-1_81;:... .EFFECTIVE DATE REASON FOR NEGOTIATION IN LIEU OF ADVERTISING: ® Contract awarded to responsible jurisdiction. ❑ Public Exigency would not permit the delay associated with advertising. (Explain) ❑ Material or service is available from only one source. (Explain) O Contract is for personal or professional services (Engineering, etc.). ❑ Contract is for service (s) rendered by an education institution (College, Univ., etc.). O Contract is for technical items or for equipment requiring standardization. ❑ Other (Specify) BASIS FOR SELECTION OF CONTRACTOR: ❑X Qualifications - Responsible Jurisdiction O References: O Other: BASIS FOR COST OR PRICE NEGOTIATED: ❑ Preaward audit (Attach) Buuget with units, rates and extensions (Attach) I have reviewed the cost information provided and find it to be reasonable to the best of my 'vdgement. In addition, I have determined that the funds provided ['will (explain on back), will not displace funds used for traffic safety during prior years. RESPONSIBLE MANAGER n=11 n....: ....A l n /7G DATE ' (7) SITE l: SITE i12: SITE 113: STEP OPERATIONS PLAN Gollihar 3900 block to 5700 block inclusive. From intersection with Weber to intersection with South Staples. 4100 and 4200 block of S. Staples to second intersection with Gollihar. Gollihar' from S. Staples to Airline. To be assigned a STEP unit on Wednesday and Thursday from 7:00 AM until 11:00 AM and on Wednesday, Friday, and Saturday from 11:00 PM until 3:00 AM. Ocean Drive from Hancock to Airline (900 block to 4800 block inclusive). To be assigned a STEP unit as per,site #1. South Padre Island Drive East and West bound, including frontage and access roads from the 2400 block to 6000 block inclusive. To be assigned a STEP unit from 17.:00 PM to 3:00 AM on Wednesday, Friday, and Saturday. SITE 114: Agnes Street from Airport to South Staples from the 1100 block to the 4100 block. includes Laredo Street (west bound)fram S. Staples to 23rd Street. Will be assigned a STEP unit from 7:OOAM until 11:00 AM on Wednesday and Thursday. SITE 115: Weber street from South Staples to Saratoga, the 3800 block to 6300 block inclusive. Will be assigned a STEP unit as per site 111. SITE #6: Airline from Ocean Drive to Saratoga, 2800 block to the 5000 block inclusive. Will have STEP unit assigned as. per site 911.. STEP SUPERVISOR: To assign and supervise officers on the STEP site during the time periods of the STEP operation. STEP CLERICAL: Will be utilized on overtime basis as per grant to complete and compile necessary STEP forms and reports. SELECTIVE TRAFFIC ENFORCEMENT PROGRAM PATROL OFFICER'S DAILY REPORT POLICE DEPARTMENT TEXAS SHIFT ASSIGNED STEP HOURS NAME SITE: WORKED (HRS/MIN) BADGE# #1 DAY/DATE #2 PATROL CAR # #3 END MILES #4 START MILES #5 TOTAL MILES # 6 TOTAL NUMBER OF OVERTIME HOURS WORK AT STEP SITE(S) (HRS/MIN) (May not equal to Total Amount of overtime) SUMMARY OF ENFORCEMENT ACTIVITIES TRAFFIC -CHARGES FILED HAZARDOUS SPEEDING FAILURE TO CONTROL SPEED DWI FOLLOWING TOO CLOSE RED/LIGHT-STOP SIGNS OTHERIS) RIGHT OF WAY TOTAL HAZARDOUS WARNINGS ISSUED NON -HAZARDOUS CRIMINAL ARRESTS Officer, Supervisor and Shift Commander must sign the reverse side of this report 7160 INDICATE TIME AND OTHER REQUIRED INFORMATION FOR EACH CITATION WRITTEN OR OTHER ACTIVITY TIME DIST. VIOLATION LOCATION/VIOLATOR TICKET # DUTY Officer Officer, Supervisor or Shift Command INSTRUCTIONS FOR PREPARING A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM MONTHLY OPERATIONAL REPORT • SDHPT D-18TS INTRODUCTION These instructions are for completing Monthly Report S.T.E.P., pages 1 through 4, 12/80. (See Attached) GENERAL INSTRUCTIONS Contracting jurisdictions are required to submit Monthly Operational Reports on Selective Traffic Enforcement Program to SDHPT. DEFINITION "STEP SITE" MUST CONTAIN THE FOLLOWING: Location: A physical location, describe by street name, highway number, patrol district, etc. Time of Day: Hours of the day in which STEP Enforcement is deployed. Days of Week: Days'of the week in which STEP Enforcement is deployed. Note: Changes in any of the above (Location, Time of Day, Day(s) of Week) constitute a new or different STEP Site. PREPARATION OF MONTHLY REPORT MONTHLY REPORT SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (PAGE 1 of 4) 10 Contract #: Enter the project number, as shown on the contract, in the blocks provided. O2 City of: Enter name of contracting jurisdiction as shown on the contract. 0 Month/Year: Enter month and year for which report is being com- pleted. 40 Project Starting Date: Enter the month and year the STEP project was first started. SO Hours of Enforcement by Day of Month: Enter the actual number of hours at STEP Site only. This will not equal total hours by enforcement. This InTformation is taken from the Patrol Officer's Daily Report. Court -time, or any other time away for STEP Site is not to be included. 0 0 STEP Hazardous Traffic Charges Filed: Enter the Total Hazardous Charges filed by STEP officers. 0 Total Miles Driven: Enter the total miles driven by STEP officers. 0 STEP Non -Hazardous Traffic Charges Filed: Enter the total Non -Hazard- ous Charges filed by STEP officers. 0 STEP Warning Issued: Enter the total number of warnings issued by STEP officers. 10 STEP Criminal Arrest: Enter the total criminal arrest made by STEP officers. ADJUDICATION BY COURTS -STEP PROGRAM (PAGE 2 of 4) 11 Contract 11: Enter the project number, as shown on the contract, in the blocks provided. 12 City of: Enter name of contracting jurisdiction as shown on the contract. 13 19 Enter correct calendar year for which the report is being prepared. 14 STEP Charges Filed: Enter total number of STEP charges filed in Muni- cipal Court for the Reporting Month. 15 STEP Charges Adjudicated: Enter total number of STEP charges disposed of through the Municipal Court for the Reporting Month. 16 Conviction with Penalty: Enter total number of STEP charges resulting in a conviction, including charges that were resolved without a court appearance for the Reporting Month. 17 Dismissals: Enter total number of STEP charges that were appealed from the Municipal Court to County Court for the Reporting Month. 18 Appeals: Enter total number of STEP charges that were appealed from the Municipal Court to County Court for the Reporting Month. 19 Other: Enter total number of charges that were filed in Municipal Court but can not be categorized in #3, 4 or 5 above. (Example: Bond posted, Awaiting jury trial, etc.) 20 19 : Enter correct calendar year for which the report is being pre- pared. 21 STEP Charges Filed: Enter number of STEP charges filed in County Court. 22 STEP Charges Adiudicated: Enter total number of STEP charges disposed of through County Court. 0 0 23 24 26 Convictions with Penalty: Enter the total number of STEP charges resulting in convictions in County Court. Dismissals, Reductions, Nolle Prossed: Enter total number of STEP charges which, at the discretion of the County Court, were dismissed without full penalty, reduced to a less serious charge, or were pleaded no -contest. Probated to Rehab. Prog.: Enter total number of convictions which were sent to a rehabilitation program as part of the conditions or probation. Probated - No Rehab. Prog.: Enter total number of convictions with probation that were not sent to some type of rehabilitation program. NON -STEP TRAFFIC ARREST AT STEP SITE(s) HAZARDOUS MOVING VIOLATIONS (PAGE 3 of 4) DEFINITION: "Non -STEP Traffic Arrest at STEP Site(s) - Hazardous Moving Violations" - mean Hazardous Traffic Arrest made by Non -STEP Officer at STEP site(s), during the days of week and time of day of the STEP deploy- ment. It does not mean traffic arrest made at site during either differ- ent days or hours of STEP deployment. 27 Contract #: Enter the project number, as shown on the contract, in the blocks -provided. 28 City of: Enter name of contracting jurisdiction as shown on the 29 Month: Enter the month in which the report is being completed. 30 STEP Site ff - Month of Year: Enter the number of Non -STEP Traffic Arrest at STEP Site(s) of Hazardous Moving Violations issued Last year and This year with total to date for both categories. contract. STEP TRAFFIC ARREST AT STEP SITE(s) HAZARDOUS MOVING VIOLATIONS (PAGE 4 of 4) 31 32 Contract fl: Enter the project number, as shown on the contract, in the blocks provided. City: Enter name of contracting jurisdiction as shown on the con- tract. 33 Month of: Enter month for which report is being completed. 34 STEP Site fl and Month of Year: Enter the number of STEP Traffic Arrest at STEP Site(s) of Hazardous Moving Violations issued last year and this year with total for both categories. The first year of project "Last year" column may be blank. RACT # CITY OF ❑ ❑ MONTHLY REPORT SELECTIVE TRAFFIC ENFORCEMENT PROGRAM HOURS OF ENFORCEMENT BY DAY OF MONTH MONTH/YEAR PROJECT STARTING DATE (`7`J 19 STEP SITE k2 43 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Total Hours =6 TOTAL Step Hazardous Traffic Charges Filed Step Warnings Issued ENFORCEMENT ACTIVITY Step Non•Hazardous Traffic Charges Files Total Miles Driven Step Criminal Arrest 0 CONTRACT # 1 9 19 12160 ADJUDICATION BY COURTS - STEP PROGRAM CITY MCOURT L JAN FEB FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL STEP CHARGES FILED / �/� I(/�///JI ' r STEP CHARGES ADJUDICATED a CONVICTIONS WITH PENALTY J( DISMISSALS 7 APPEALS OTHER f4 COUNTY COURT JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL STEP CHARGES MED / p L1 STEP CHARGES ADJUDICATED CONVICTIONS WITH PENALTY J( EN R REDUCTION NOLLE PROSSED PROBATED 10 REHAB PROG PROBATED•NO REHAB PROG CONTRACT # CITY NON -STEP TRAFFIC ARREST AT STEP SITEISI HAZARDOUS MOVING VIOLATIONS MONTH MONTH OF 17180 Page 3 of 4 JAN FEB MARCH APRIL MAY JUNE JULY AUG SEPT OCT . NOV DEC TOTAL STEPLast SITEYear # Year This Year Last Year This Year Last Year This Year Last Year This Year Last Year This Year Last Year This Year Last Year This Year Last Year This Year Last This Year Last Year This Year Last Year This Year Last Year This Year Last Year To Date This Year To Date 1 23 3 ,g) 4 5 6 TOTAL 17180 Page 3 of 4 CONTRACT # (1-11 _II CITY STEP TRAFFIC ARREST AT STEP SITE(SI HAZARDOUS MOVING VIOLATIONS MONTH MONTH Or 12180 Page 4 oI 4 JAN FEB MARCH APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC TOTAL STEP SITE # Last Year This Year Last Year This Year Last Year Thns Year Last Year This Year Last Year —his Ycar Last Year This Year Last Year This Year Last Year This Year Last l ear This Year Last Year This Year Last Year T -,s Year Last Year This Year Last Year To Date This Year To Date 1 2 . 3 4 5 & TOTAL 12180 Page 4 oI 4 Corp Christi ,Texas day of etAL.Ji _ , TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR HE CI OF CORPUS CHRISTI, TEXAS The Charter rule was suspend d by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky by the following vote: