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HomeMy WebLinkAboutCouncil Memo 10.05.1987for your information to: from: date: subject: THE HONORABLE MAYOR AND CITY COUNCIL RON RAGLAND, ACTING CITY MANAGER OCTOBER 5, 1987 COUNCIL MEMO 1. MIS STEERING COMMITTEE /fr In December 1986, King brought to the City Council a study conducted by the LWFW Group, regarding the status of the city's Automated Management Information Systems. The findings and recommendations were extensive as were the costs associated with making the necessary improvement. The result of the financial crunch on the budget and the timing of these findings forced us to postpone any serious considerations until after the budget was completed. In July we established a MIS Steering Committee and charged them with developing an implementation plan with some assistance from LWFW. It will be our intent to bring the multi- year implementation plan to the Council within the next two months. Since this issue will be of critical importance I would encourage you to review the Final Report prepared by LWFW. If you need an additional copy simply contact my office and we'll get it to you. The auditors will no doubt mention this as a critical concern. I have attached a copy of the MIS Action Plan for your information. 2. JOINT CITY /SCHOOL MEETING TO DISCUSS FEES You will recall in a former Council memo King mentioned a letter received from Mr. Alonzo Wood, C.S.I.S.D. regarding his opposition to the fees being charged by our Community Center. We had a very successful meeting with the I.S.D. on September 8. We outlined the services that the city is currently providing to C.S.I.S.D. without charge and explained in detail the rational behind the fees being charged by the Community Center. After doing some market research and hearing our report the C.S.I.S.D. said they were not only glad to pay the fees but considered our fees very reasonable. One result of all this is a follow -up meeting between the two staffs to draft a policy to eliminate confusion in the future. I have attached copies cf the correspondence for your information. 3. C.S.I.S.D. = JOINT FACILITIES USE POLICY The C.S.I.S.D. is going through the process of site selection analysis and planning the development of future facilities. Our staff and their staff are working together to develop a "joint facilities use policy" with the prospect of combining a city park site and a school site. Our plan is to develop a policy that OFFICE OF THE CITY MANAGER COUNCIL MEMO OCTOBER 5, 1987 PAGE 2 will address the key issues, such as how to split the costs, who maintains what portion of the properties, administrative controls, and liability. Hopefully, having a policy in place will make planning a joint use facility much easier if or when the time comes. I will keep the Council updated as progress occurs. I Lave attached a copy of a letter from Ray Chancellor for your information. 4. AUGUST 1987 PHOTOMETRIC INDEX STUDY RESULTS Attached you will find a copy of the photometric index study. The study indicated that there has been continued improvement in litter control since 1983. We have forwarded a copy of this report to Dianne Mills with Brazos Beautiful and she has indicated she may pursue some media coverage. 5. NIGHT COURT You may have heard rumors recently about the possibility of starting a night court. Currently the legal, courts and police departments are trying to agree on the logistics of offering a night court to our citizenry. Our plan initially is to offer a night court on a trial basis in order to determine whether it is a viable program. I have asked all parties involved to try to rake shift adjustments where possible in order to accommodate this without increased costs. Once the details are worked cut we will make a presentation to Council for your consideration. 6. SEPTEMBER SALES TAX The city received $179,393.26 compared to $198,850.64 last September. This represents a 9.78% decrease. This amount is based on retail sales made during July. In calendar year 1987, College Station has received $2,251,573.42 compared to $2,197,276.28 at this point last year. This represents a 2.47% overall increase compared to last year. This compares to a 15.77% decrease for the City of Bryan and a 6.47% decrease on a statewide basis. 7. BACK TO SCHOOL RUSH - UTILITIES I thought you might be interested to know that the August back -to school rush and enrollment increase at TAMU did have an impact on the city. The total number of work orders for utility connections and disconnects increased from 7,066 last year to 8,671 for an additional 1,605. Also, we used an "Invitation to College Station " mail -in application and received 1,267 responses - c;uite a success. A more detailed report is attached, and note that we are trying to adopt a more "customer oriented" aiTroach to the way we do business at College Station - with COUNCIL MEMO OCTOBER 5, 1987 PAGE 3 expanded hours and free popcorn while you wait. 8. WELL NUMBER 4 The work on Well Number 4 is progressing as planned. The well has been drilled and the pipe is about 95% complete, but what I wanted to let you know is that the City of Bryan has waived the fees required to extend electrical services resulting in a cost savings of nearly $15,000. I have attached a copy of a letter from Elrey Ash for your information. 9. STEP AND TRASER Police Chief Mike Strope has received tentative approval from the State Department of Highways and Public Transportation for the City of College Station to receive grant funding for both the Selective Traffic Enforcement Program (STEP) and the TRASER Program (TRASER). These grants involve federal highway safety funds allocated to the State of Texas and consists of three year program funding which reimburses the city on a decreasing percentage: first year funding at 100 %; second year at 75 %; and third year at 50 %. I have included correspondence and an article that explains these programs in more detail. Mike will make a presentation to the Council in the near future. We will receive more than $100,000 funding the first year. 1 City of College Station P OST OFFICE BOX 9960 1101 TEXAS AVENUE \ / COLLEGE STATION. TEXAS 77840 -2499 M E M O R A N D U M TO: King Cole, City Manager FROM: MIS Steering Committee DATE: August 25, 1987 SUBJECT: Council Concern - Action Plan for Data Processing Computer Automation The city's goal in this matter is to establish and maintain systems which use the best practical technology to conduct city operations and to provide citizens, Council and staff with the information they require to direct the city government in an effect and efficient manner. The first step in meeting the city's needs in data processing and computer automation has been taken with the formation of the Manage- ment Information Systems steering committee (MIS -SC). The MIS -SC is charged with the responsibility of developing an implementation strategy. The committee is basing its work on the study made by the LWFW group. It will arrive at practical, achievable proposals to solve problems identified in that study. The committee has the following specific immediate objectives: identify those areas where current shortcomings are most severe and where immediate action will yield the most benefit and establish priorities accordingly; identify practical steps to take to implement necessary improvements; define and recommend funding options; recommend to the Council a multi -year implementation plan; develop organizational methods and practices to insure that we make the best economical use of available technology. The committee has also identified long -term roles that it will play as an operational entitiy, as well as a planning group. These roles include: oversee and report on the progress of plan implementation; update the plan as opportunities and requirements change; prioritize allocation of MIS resources and to define the MIS organization's budgetary requirements to support approved programs. September 18, 1987 MEMORANDUM C' %1 Members of the commit* are: SB:eb ,1ECEIVEP City of College Station POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 -0960 TO: on Ragland, Asst. City Manager FROM: Steve Beachy, Director of Parks & Recreation SUBJECT: Joint City /School Committee This committee conducted an initial meeting on Tuesday, September 8th at the College Station Community Center . The concerns over the use of the Community Center by the Community Education program at no cost were discussed along with the City's use of school gymnasiums at no cost. I outlined other services that are provided to the school district by the City without charge. I further stated that it is the City's position that any policies or agreements should be based upon overall services provided rather than the direct comparison of the Community Center vs gymnasium issue presented in Mr. Wood's letter of July 23, 1987. A reply was presented to the committee in response to the above stated letter that outlines the current organizational structure of the Parks and Recreation Department and the philosophy and policies of the Community Center as they relate to this issue. Following these discussions, it was agreed that the fee charged to the Community Education program was justified. It was also agreed that the City would continue to utilize the school's gymnasiums without charge as we have in the past. The last recommendation was that the staff members from each organization draft a policy for study by the full committee at a second meeting. We plan to present the committee's preliminary recommend- ations at our next Parks and Recreation Board Meeting in October. Our goal is to present a final recommendation to the City Council prior to January 1, 1988. Judy Arnold - Parks and Recreation Board Mike Walterscheidt - Parks and Recreation Board Doug Venuti - Parks and Recreation Board David Brewer - Asst. School Superintendent Alonzo Wood - Director of Community Education Danny Stribling - Southwood Elementary Principal Steve Beachy - Director of Parks and Recreation Tony Cisneros - Asst. Director of Parks and Recreation City Services Provided to CSISD Without Charges 1. Two baseball fields at Southwood Athletic Park (in- cludes all maintenance and field preparation). 2. Five picnic shelters at various park locations. 3 Pool use for High School Swim Team (Sept., Oct., 1/2 Nov., 1/2 Mar., April, May). CSISD pays $1500 to City as partial reimbursement for staff assistance). 4. Use of Co`nuiunity Center for faculty meetings, in- service training sessions, public hearings, volunteer meetings, etc. 5. Periodic assistance is provided by Public Services Depart- ment in mowing, trash disposal, and special projects. 6. Fire Department provides standby ambulance service during varsity home football games at no cost. Individuals are billed if they are transported to the hospital. Also, standby fire service is pro- vided during the annual high school bonfire. There may be other services provided to CSISD on an on -go ig or special request basis that have not been identified at this time. ♦�� City of College Station POST OFFICE BOX 9960 1101 TEXAS AVENUE \ / COLLEGE STATION, TEXAS 77840 -2499 September 8, 1987 Mr. Alonzo C. Wood Director - Community Education 109 Timber College Station, Texas 77840 Dear Mr. Wood: Several weeks ago Steve Beachy forwarded me a copy of your recent letter. As a result of the recent reorganization of the City of College Station, I have been appointed the Superintendent of Special Facilities, which includes: tennis centers and swimming pools, Lincoln Recreation Center and Gymasium, the Community Center, and the Teen Center. Though the responsibility for the operation of these facilities has been placed within the College Station Parks and Recreation Department, the specific responsibility and accountability of each area is as varied as the facilities. More specifically, the direct operations of the Community Center is totally funded by Hotel /Motel Tax Fund. The Center is staffed by three full -time permanent employees as well as a few part time seasonal employees. The staff reports to me but all policy matters are referredto the Community Center Advisory Committee which in turn reports directly to the City Council. The philosophy of the Center is that "the facility should be made available to as broad a spectrum of groups as possible, with no one group or type of group to dominate the Center usage. Preference will be shown for groups who do not operate on a permanent basis and would not therefore tend to have a facility of their own in which to operate. Since the Center was purchased and restored with hotel /motel tax monies, visiting convention groups have a high priority for the use of the facility." In short, the operations are somewhat dictated by state statutes. Since the Center's opening in 1982, the College Station Independent School District has been authorized usage of the Center for over ninety different functions for free(for a total value of close to $2900). The request for a variance in current fees for the Community Education program was discussed at the August meeting of the Advisory Committee. • After extended discussion, the committee members over- whelmingly supported the current policy as it relates to the usage of the Center by the C.S.I.S.D. Attached is that policy. Unfortunately the funding source of the Community Center precludes us from booking on a permanent basis activities similar to those of Community Education. Despite this situation, the Center staff and I are always eager to be of service to the School District and its needs. If I can be of assistance, feel free to call me. r es Szabun Superintendent of Special Facilities wt � cc: Joint School /City Use Committee ti Policy: School Usage of Community Center (Reviewed August, 1987) The College Station Independent School District will be allowed use of the Community Center for free for training or meetings of the staff from 8am to 5pm on Mon. -Fri. The District reserves the Center with the understanding taht paying clients have top priority. If a paying client should request a room that has been reserved for the School District , the C.S.I.S.D. will have the option of paying for that room, be moved to an alternate room if possible /available or they are'bumped' to another date(time) at the convenience of the school pending availability of space. Qgo91e Help Th Community Education College Station ti July 23, 1987 Mr. Stephen Beachy Director College Station Parks & Recreation 1000 Krenek Tap Road College Station, TX 77841 Dear Steve, ` College Station Independent School District 109 Timber College Station, Texas 77840 409 - 696 -3820 I am writing this letter to give you advanced warning concerning the Parks and Recreation Basketball League's use of CSISD gymnasiums. Based on what we would normally charge an outside group renting our gyms, your program should have paid us about $7,000.00 last year for the use of the four gyms. The need to charge your program this next season has be precipitated by the refusal of the City to allow the School District to use the Community Center free of charge. Because there are no rooms available to me during the day, and because I have about 200 individuals participating in English and GED classes each morning, I have asked to use 3 classrooms in the Community Center four mornings per week for thirteen weeks. The cost will be approximately $2,000.00 per semester. In any discussions I have had with Community Center staff about this, I have always gotten the question "Who will pay for the electricity and custodial costs ?" I must, therefore, put to the City the same question regarding the gyms. It seems to us that the same tax payers pay, regardless. What I am suggesting, therefore, is that I expect to recover from your basketball league what I have to pay the Community Center to use these rooms. I have discussed this fully with Dr. Chancellor, and he is in total agreement with this concept. Let me close by saying that what we would really like-is to work out some agreement with the City and District for free use of facilities on both sides. Such an agreement would offer guidelines so that neither entity abuses the privilege. The distict is ready to negotiate such an agreement. rely, 2� A onzo � C. Wood Director ACW /gwk Alonzo C. Wood Director of Community Education Celebrating TH Our 1 Year 1972-1987 Dr. Ray Chancellor Superintend. nt r.` Schools c City of College Station POST OFFICE BOX 9960 1 101 TEXAS AVENUE / COLLEGE STATION, TEXAS 77840-2499 August 13, 1987 Dr. Ray Chancellor College Station Ind. School District 100 Anderson College Station, Texas 77840 Dear Dr. Chancellor: At our meeting on August 11th, I asked the Parks and Recreation Board to appoint a committee to begin work on a joint facility usage agreement with College Station Inde- pendent School District. This is in response to the recent letter from Alonzo Wood. The Board appointed Doug Venuti, Mike Walterscheidt, and Judy Arnold to serve on this committee. I am requesting that a committee representing the school district be appointed also. We have contacted several other cities that have agreements with their local school districts and asked that copies be forwarded to us for consideration. Also, I have asked my staff to gather additional information concerning the services and facilities that are provided by both entities. This will give us a prospective of the overall involvement by both the city and school district. It is our intent to continue the positive relationship that has existed in the past. Our goal is to develop an agree- ment that will enhance this spirit of cooperation and will further maximize the use of our facilities. Si ncet.ely , Stephen C. Beachy Director Parks and Recreation CC: Ron Ragland, Asst. City Manager Parks and Recreation Board Alonzo Wood August 27, 1987 Mr. Stephen C. Beachy City pf College Station Parks and Recreation P. 0. Box 9960 College Station, Texas 77840 -2499 Ref: Joint Facility Usage Dear Steve: College Station Independent School District 100 Anderson College Station, Texas 77840 409 - 696 -8893 In response to your letter regarding the formation of a joint committee to study joint facility usage by the city and schools, I have appointed Dr. David Brewer, Mr. Alonzo Wood and Danny Stribling to represent C.S.I.S.D. Mr. Wood will serve as our contact person. I appreciate your initiatives and look forward to this effort to possibly better coordinate usage of existing community facilities. Sincerely, Qc it 9 Ray L. Chancellor Superintendent RLC /ka cc: David Brewer Alonzo Wood Danny Stribling RAY L. CHANCELLOR Superintendent of Schools Accredited by the Southern Association of Colleges and Schools (K -12) September 14, 1987 ( ([ City of College Station POST OFFICE BOX 9960 1 101 TEXAS AVENI E / / COLLEGE STATION, TEXAS 77840 -2499 MEMORANDUM TO: KING COLE, CITY MANAGER FROM: JANE KEE, ZONING OFFICIA RE: AUGUST 1987 PHOTOMETRIC INDEX STUDY RESULTS Attached are the results of the most recent Photometric Index (P.I.) survey which is the semi - annual survey done in cooperation with Bryan and Brazos Beautiful to gauge litter control. Results shown are for both Bryan and College Station and the two cities combined. The tabulations compare the most recent results with the baseline done in January 1983. The lower the P.I. number the less litter was found and a negative percent change indicates improvement. The graphs indicate historical program performance since program inception. As you can see there has been continued improvement since 1983. The last three times Bryan has done somewhat better than College Station. This is probably because our survey was done right after the students returned. The dumpsters and rights -ot -way showed higher numbers this time than last indicating more litter. Dianne Mills with Brazos Beautitul indicated she would like to have some media coverage of the P.I. effort since there is good historical data now. She will receive the latest results and then make a decision. September 11, 1987 Ms. Dianne Mills, Executive Coordinator Brazos Beautiful 7607 East Mark Drive, Suite 250 College Station, Texas 77840 Dear Ms. Mills Atthched are results ot the P.I. Study tor Bryan, College Station and the combined cities. Photos were taken in Bryan on August 19th and 20th. In College Station photos were taken August 26th and 27th. The tabulation includes comparison ot the new index to the baseline. Also attached are graphs indicating historical performance tor each city and the combined cities. It you have any questions please call me at 764 -3570. I am sending you the results as I now have the data on a program that allows the mechanical plotting of the graphs. This saves Mr. Cornish from having to do so manually. Sincerely, JRK: ]k ,e Attachments ane R. Kee Zoning Official City of College Station POST OFFICE BOX 9960 1 101 TEXAS AVENUE COLLEGE STATION. TEXAS 77840.2499 RE: AUGUST 1987 PHOTOMETRIC INDEX cc John Rogers, P.O. Box 2657, Bryan, TX. 77805 Marvin P. Norwood, Deputy City Manager, City ot Bryan Tony Cisneros, Parks Department, City of College Station Jack Cornish, Operations Manager, Env. Services, City ot Bryan BRYAN / COLLEGE STATION PHTOMETRIC INDEX AUGUST 1987 BRYAN / C.S. COMBINED PHOTOGRAPH LITTER NUMBER P.I. # BASELINE* % CHANGE COUNT PHOTOS BLOCKFACES - S 76 46 1.65 6.14 -73 BLOCKFACES - ROW 79 46 1.72 6.69 -74 PARKING LOTS 28 16 1.75 8.52 -79 VACANT LOTS 12 14 .86 13.88 -94 DUMPSTERS 130 15 8.67 16.48 -47 LOADING DOCKS 10 3 3.33 49.50 -93 OVERALL 335 140 2.39 8.70 -73 BRYAN PHOTOGRAPH LITTER NUMBER P.I. # BASELINE* % CHANGE COUNT PHOTOS BLOCKFACES - S 45 23 1.96 6.36 -69 BLOCKFACES - ROW 21 23 .91 6.64 -86 PARKING LOTS 21 11 1.91 8.65 -78 VACANT LOTS 2 7 .29 12.11 -98 DUMPSTERS 23 6 3.83 18.63 -79 OVERALL 112 70 1.60 8.79 -82 COLLEGE STATION PHOTOGRAPH LITTER NUMBER P.I. # BASELINE* % CHANGE COUNT PHOTOS BLOCKFACES - S 31 23 1.35 5.98 -77 BLOCKFACES - ROW 58 23 2.52 6.74 -63 PARKING LOTS 7 5 1.40 8.36 -83 VACANT LOTS 10 7 1.43 15.88 -91 DUMPSTERS 107 9 11.89 15.33 -22 LOADING DOCKS 10 3 3.33 49.50 -93 OVERALL 223 70 3.19 8.62 -63 *Baseline photos were taken January 1983. 10- BRYAN / COLLEGE STATION P.I. STUDY OVERALL 0 1 1 1 1 1 1 1 1 1 W n -4 to co CD N N z 00 00 CO 00 00 00 00 00 00 1 1 1 1 1 1 1 1 1 W 00 N 00 N 00 N 00 N 00 SURVEY DATE -+-- C.S. --o BRYAN BRYAN /C.S. 8 BRYAN / COLLEGE STATION P.I. STUDY BLOCKFACES — STREET 0 w z J w Q m 00 1 00 gcl 00 N 1 1 Ln In ao I 1 1 N 00 N SURVEY DATE co co 1 to 00 00 1 00 N -1- C.S. ---8--- BRYAN -x BRYAN /C.S. 8 0 cn w z _J W [D BRYAN / COLLEGE STATION P.I. STUDY BLOCKFACES - ROW 00 00 00 00 00 00 LO 00 (0 00 I I CO N SURVEY DATE CD CO 00 1 1 0o 00 1 1 00 - - C.S. — o BRYAN —-- BRYAN /C.S. 20 - 5 0 w z J W U) Q m BRYAN / COLLEGE STATION P.I. STUDY 00 1 00 00 I N PARKING LOTS 1 1 1 U) 1n co co 00 00 00 00 1 1 1 1 N 00 N CO SURVEY DATE 1 N 00 I N -1 C.S. -9- BRYAN --)- BRYAN/C.S. 20 - BRYAN / COLLEGE STATION P.I. STUDY VACANT LOTS 0 cn w z W 00 00 00 00 00 SURVEY DATE 00 00 00 N 00 N -+- c.s. —o BRYAN )( BRYAN /C.S. 30- 0 BRYAN / COLLEGE STATION P.I. STUDY DUMPSTERS z J W cn Q m i 00 00 00 N 1 00 00 1 co o 00 1 1 1 N 00 N SURVEY DATE (0 00 00 II N 00 N —+— C.S. --0- BRYAN —x— BRYAN /C.S. 40 - 0 z Li Q m BRYAN / COLLEGE STATION P.I. STUDY i 00 N LOADING DOCKS r 0 N SURVEY DATE 1 i 1 + (0 c0 N N 00 00 00 00 1 1 N 00 N 00 -+- c.s. City of College Station POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77840-2499 MEMORANDUM TO: King Cole, City Manager FROM: Linda S. Piwonka, Utilities Office Manager DATE: September 9, 1987 RE: August Rush Is Over!!! Well, we made another year of fall utility connections! It was a rather busy month. This year we connected 5,514 locations and disconnected 3,157 locations (total of 8,671 workorders). This is an increase of 1,605 over last year's total of 7,066. Our special "Invitation to College Station" mail -in application was successful. We received 1,267 requests back through the mail. We are anticipating doing this each May and August. The busiest day for us was August 24th. That day we had some 640 customers in our lobbies and completed approximately 800 field workorders. Two special services we offered this year were very popular with our customers. We were open on Saturday, August 29th, from 8:00 a.m. until 3:00 p.m.. Our purpose was to help out latecomers who might just be getting into town and had no utilities. That day we completed some 200 orders in the field and had about 25 to 30 customers who came in with emergency requests. They were extremely pleased to see us open for business. This day also gave the staff some much needed "catch- up" time on paper work that had been stacking up while waiting on customers in our lobbies. The second service that was very popular was the free popcorn and lemonade in the lobbies. It truly gave the whole City Hall a different atmosphere. The customers really got a bang out of it, and now all the employees are on a diet after eating popcorn for a month. All in all, it was a fun month. LSP /sl September 3, 1987 Mr. Dan Wilkerson City of Bryan Operations Manager Electric Utility Administration P.O. Box 1000 Bryan, Texas 77805 RE: FEES FOR ELECTRICAL EXTENSION TO COLLEGE STATION WELL NO. 4 I would like to take this opportunity to express my appreciation for your help in waiving the aid in construction fees on the electrical extension for our Well No. 4 located on Rye School Road. This waiver of a portion of the fee is a perfect example of the increased goodwill shown between the two cities in their working relationships. This type of working relationship makes the Brazos Valley an unbeatable place in which to live and work. Again, thank you for your cooperation. If I can be of any service to you in the future please do not hesitate to call me. EBA /d Cl Elrey B. Ash, P.E. Director of Capital Improvements cc: William K. Cole, City Manager City of College Station Ernest Clark, City Manager City of Bryan City of College Station POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 -0960 MEMORANDUM TO: KING COLE, CITY MANAGER FROM: MIKE STROPE, CHIEF OF POLICE ' � DATE: SEPTEMBER 08, 1987 SUBJECT: TRAFFIC SAFETY GRANTS City of College Station POLICE DEPARTMENT POST OFFICE BOX 9960 2611 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 -9960 Please find attached correspondence from Mr. D. D. Williamson, Planning Engineer for District 17 of the State Department of Highways and Public Transportation. A meeting was held September 08, 1987 to discuss the benefits for the City of College Station in making a grant application. It was a consensus of those in attendance to proceed with development of a proposed grant application to involve both the Selective Traffic Enforcement Program (STEP) and the TRASER Program (TRASER). The grants involve federal highway safety funds that had been allocated to the State of Texas. Each grant consists of a three year program of funding which reimburses the City of College Station on a decreasing percentage basis. The first year funding involves a 100% reimbursement; second year 75% reimbursement; third year 50 %. The only initial expenditure that would be required with both programs, would be the purchase of a personal computer capable of handling the software from the TRASER and STEP Programs. Cost of this item is estimated at $1200.00. I will be working with Mr. D. D. Williamson in developing a draft proposal for both grants, which will be submitted for your review. Please contact me if you have further questions. I will keep you advised on future developments as they occur. COMMISSION ROBERT H. DEDMAN, CHAIRMAN JOHN R. BUTLER, JR. RAY STOKER, JR. STEP Program sc attachment STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Box 3249 Bryan, Texas 77805 August 10, 1987 RECErIE9 1 4987 D. D. Williamson Planning Engineer District 17 ENGINEER- DIRECTOR R. E. STOTZER, JR. IN REPLY REFER TO City of College Station P. 0. Box 9960 College Station, Texas 77840 Attention Mr. W. K. Cole A software program, called TRASER, has been designed by Texas Transportation Institute for entering traffic data on the computer and is being offered to cities through a Selective Traffic Enforcement Program contract. The contract would provide 100% funding for a data entry clerk, the project director's time on TRASER, and the software package, including training conducted by TTI personnel. The contractor would need to purchase or own a personal computer capable of handling this software package. We are attaching a copy of the contract and an article copied from the Texas Transportation Researcher describing TRASER. If you are interested in obtaining more information about the program, please contact D. D. Williamson, District Planning Engineer, at 778 -2165, ext. 251. Microprocessors in Police Traffic Records On a quiet weekday morning at a police department of a Texas city, the telephone rings in the office of the Chief of Police. A councilman wants to know why fewer traffic patrols are made in his part of town when he "knows" more accidents occur in this area than in others. The chief demands an im- mediate answer from the Traffic Divi- sion. To accumulate the various counts cnd dates of city -wide accidents might take the remainder of the day or even the week. However before noon that same day, the chief has the data and is prepared to answer the councilman's question. The software package used by the police department to access the data was the Traffic Services Microcomputer System (TRASER), a computer software package developed by TTI in coopera- ion with the Traffic Safety Section of t ne Texas State Department of Highways and Public Transportation. Marlin R. Crouse, Operations Research and Systems Analysis Program Manager, the principal investigator of this project, and his staff has been developing the current version of TRASER for about two years. TRASER allows local enforcement agencies to maintain and retrieve traffic records. Originally designed for enforcement agencies in Texas cities with populations under 100,000, it is now being adapted to larger cities, and a version for the Texas Department of Public Safety is being considered. 'F RASER provides data management of _ccidents, citations, arrests and officer activity. It also supports formula gener- c ;ion in accident reconstruction. En- lorcement agencies can combine perti- nent TRASER reports with their own experience and make traffic - related decisions more efficiently. TRASER Serving Small Cities "The goal of TRASER is to provide a common traffic data information base RESEARCH among cities across Texas," said Crouse. The Texas Department of Public Safety is considering its use statewide in recording citations. At the TTI Proving Grounds Research Center, workshops are in progress for training local enforcement agencies in the uses of TRASER through cooperative efforts with the Texas Engineering Extension Service. The only cost to an agency is the cost of the hardware —the computer and printer —which is about $2500. To operate TRASER, the computer must have at least 25610 random access memory, 20 megabytes of hard disk storage, a monochrome display screen, and at least a 2.1 version of PCDOSI MSDOS. The hard disk storage required is directly related to the amount of data the agency wishes to store. It can back up the data to avoid data loss, and archive data for long -term storage. Crouse said that cities receive the version of TRASER for their type of computer operating system. The software, written in Pascal, runs on a varied list of microcomputer brands. Twelve agencies in the state who sent personnel to the workshops at Texas A &M have TRASER systems in operation. TRASER helps police officers summarize traffic safety data gathered in the field. The Implementation of TRASER Crouse said they developed TRASER to fill the need for a standard com- puterized record keeping system for local enforcement agencies. The pro- totype of TRASER was tested by the pilot site, the Traffic Division of the Dallas Police Department. Sergeant Joseph Montgomery (now with the Texas En- gineering Extension Service) of the Traffic Services Division and his staff, put TRASER through its paces. "For example, it used to take Montgomery's staff three or four man days at the end of the month to complete officer activity reports, but TRASER reduced the job to 30 minutes a day," Crouse said. Instead of waiting until the end of the month, Montgomery could retrieve activity data right after it was entered. Through combining TRASER reports with their experience, enforcement agencies can make decisions more effectively in identifying hazardous traffic trends, tactical deployment, and officer training. "It can pinpoint where you're having traffic - related problems," said Crouse. "Sergeant Montgomery was able to use the accident data and visual observation of a particularly busy intersection to prove that an engineering change was needed. En- forcement was not the problem." Uses of TRASER TRASER produces both canned and user - generated reports on data that the agency enters into the database. Canned reports are menu - selected, data -type specific reports. Three types of canned reports can be produced: 1. The high hazard location identifica- tion report generates a list of street locations at intersections and mid - blocks with a threshold of accidents for a date range and location type (i.e., intersection only or driveway access) that the user selects. 2. The high DUI (Driving Under the Influence of alcohol) location identifica- tion report generates a list of street locations having a user - selected threshold of arrests for driving under the influence of drugs or alcohol. 3. The officer activity report generates a table of officers and their activity for a user - selected range of months by supervisor. User - generated reports are used to examine accident, citation, arrest, and officer data. This capability gives the user flexibility in choice of subsets and report type, and Crouse considers it the most powerful tool in TRASER. "We put this subset feature into TRASER so that an agency could take only accidents Texas Transportation Researcher 5 involving fatalities, for example, and produce a report to show the age break- down of those being killed," said Crouse. The user - generated accident data reports in TRASER must be subsetted with some plan as to the type of orienta- tion. The three possible orientations are: (1) count of accidents, (2) count of vehicles and drivers, and (3) count of casualties and occupants. TRASER "leads" the user as clearly cis possible through the various subsetting options to insure that the user will get what he expects. TRASER also assists specially trained police officers in accident reconstruc- tion. 'Accident reconstruction is still somewhat of an art and depends heav- ily on the expertise of the person who is doing the reconstruction. Therefore we tried to make the formulas clear enough for any police officer to under- stand and explain," said Crouse. Some of the formula variables include vehicle speeds, distances, times, accelera- tions, curve properties, and kinetic energy. TRASER also incorporates two methods to back up the database: (1) backup/recover for copying data from one disk to another, and (2) archival for removing "dated" data for long -term storage away from the online TRASER database. This software package can be useful to an enforcement agency in ways that will benefit the public. In the future, it could provide a common data informa- tion base to network agencies for easy exchange of information. Data gener- ated with TRASER could also be used to justify staffing proposals within an agency. The high- hazard and the high DUI location reports identify streets that need extra enforcement or corrective engineering, while the user- generated reports allow examination of the data in ways only limited by an agency's imagination. Crouse said that although this software is a step in the right direction toward assisting the state's local en- forcement agencies in traffic records collection and analysis, he believes there is still much to be done in develop- ing an accurate and useful data base statewide.' 6 Texas Transportation Researcher RESEARCH Yellow primrose, red phlox, and bluebonnets grow beside a Texas highway pagation el flowers Fo'r the adsid Springtime in \T ?ca/ marked by oceans of bluebotinvf and flaming carpets of Indian pal state highways and; the Department of Transportation ha and cultivated th ers in line with i of beautifying travelers. Thr pended mo have bloo natural s also use culture metho 'have flow tbrush along gads. Since 1929, gbways and Public car' fully planned se and'other wildflow- ds long - standing policy oadsides fob• highway n ugh its policy "bf Bus- ing until spring flowers ed, the SDHPT aliowwfor eding. The Department' ,as flower hay and topsoil to ildflowers, but both of thes qs of natural seed cultivation ften produced an erratic wild - show. Seeding, however, is the most direct and economical method of establishing wildflowers. A recent increase in the availability cf more successful commercial seed for a number of wildflowers prompted DHPT and the Texas Transportation In titute to initiate studies to de rmine bet r rnethods of propagatio . Germi- natio requirements for Texa^ wildflow- ers are agmentary. Recent TI research focusing n seed germinal on promises to improve the success of Texas wild- flower cultf tion. Wayne G. I cCullyflegetation Man- agement Progrm manager, is the principal investi actor on Research Report 902 -4, "Projgation of Wildflow- ers for Roadside Use <'sponsored by the SDHPT. This report de tribes the results of seed germination tests on a number of herbaceous plant sAcies regularly found along Texas roadsles. McCully and his research team will 'be applying successful methods from th \study in the field this fall, planting xas wildflower seeds at sites near Lufkin. This research is in line with c rent SDHPT policy requiring that 60 ercent of1the vegetation planted must b \ Dative. Seeds for the tests described in re ent Research Report 902 -4 were obtained from commercial sources and also were NATIONAL 3 I 115 I STANDARD PROJECT NAME Driver Behavior Selective Enforcement TRASER -- Contractor: BRIEF DESCRIPTION OF PROJECT (FOR DETAILS, SEE STATEMENT OF WORK) Contractors will purchase /secure a personal computer capable of handling the TRASER software package developed by Texas Transportation Institute. Contractors will hire personnel to enter all traffic data on TRASER. The contractors will review data generated by TRASER and will assign police enforcement personnel to selected STEP sites as indicated by TRASER information. The state will provide funding for some of the personnel costs. Contractor will submit proper reports and claims. GOALS To reduce accidents at TRASER- selected STEP sites Administrative COST CATEGORY PERSONAL SERVICES CONTRACT SERVICES COMMODITIES OTHER DIRECT COST INDIRECT COST PROFIT TOTAL TYPE Of REIMBURSEMENT LUMP SUM COST PER UNIT OF WORK COST PLUS FIXED FEE SPECIFIC RATES ACTUAL COST TEXAS TRAFFIC SAFETY PROGRAM CONTRACT STATE DEPARTMENT OF HIGHWAYS AND PUBUC TRANSPORTATION TRAFFIC SAFETY SECTION AUSTIN, TEXAS 78701 This Contract AMOUNT Future Yews SOURCES OF FUNDS AMOUNT FEDERAL ..(.40.2.) GTSF LOCAL METHOD OF EVLUATION (FOR DETAILS, SEE STATEMENT OF WORK) Total Project FROM TO 09 -30 -88 CONTRACT PERIOD ENDS 09 -30 -88 REIMBURSEMENT LIMITS 1. MAXIMUM AMOUNT EUGIBLE FOR REIMBURSEMENT S 2. NO COST CATEGORY MAY BE EXCEEDED BY MORE THAN 5% OF THE CON- TRACT TOTAL BUDGET 3. ONLY THOSE COSTS INCURRED DURING THE CONTRACT PERIOD SHALL BE EUGIBLE FOR REIMBURSEMENT THE CONTRACTOR MUST BEAR ALL COSTS NOT EUGIBLE FOR REIMBURSEMENT. FOR DETAILS, SEE STATEMENT OF WORK TOTAL • THIS CONTRACT INCLUDES ATTACHMENTS: 1. STATEMENT OF WORK 2. GENERAL PROVISIONS 3. SPECIAL PROVISIONS • FEDERAL AND STATE REGULATIONS AND GUIDELINES SHALL BE THE BASIS FOR DETERMINING ELIGIBILITY OF COSTS File 18.133-1 (rev. 3184) (Replaces TSS Form A3.0) page 1 of 3 PROPOSED PROJECT PERIOD TEXAS TRAFFIC SAFETY PROGRAM CONTRACT REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS I. EQUAL OPPORTUNITY: (check appropriate boxes) The Contractor represents that it 9 no t participated in a previous contract or subcontract subject either to the Equal Opportunity Clause herein. the clause originally contained in Section 301 of Ex utive Order 1.0925. or the clause contained in Section 201 of Executive Order No. 11114; that it has not flied all required compliance reports; and that representations indicating submission of r quired compliance reports, signed by proposed subcontractors, will be ob- tained prior to subcontract sward. II. AFFIRMATIVE ACTION PROGRAM: (check appropriate box) The Contractor represents that it: 0 has developed and has on file it each establishment affemetive action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 80-1 and 80-2). 0 has not developed or does not have on file st each establishment affkmtive action programs as re- quired by the rules and regulations of the Secretary of Labor (41 CFR 80.1 and 60-2). 0 has not previously had contracts subject to the written affirmative action program requirements of the rules and regulations of the Secretary of Labor. III. CERTIFICATION OF NONSEGREGATED FACIUTIES: The Contractor certifies that it does not maintain or provide for employee's facilities which are segregated on the basis of race. color, religion, sex or national origin, whetter such facilities are segregated by directive or on a de facto basis. The offeror further agrees that he will not maintain such segregated facilities. IV. CLEAN AIR ACT COMPLIANCE: For all contracts in excess of $100,000, the recipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Department and the Regional Office of the Environmental Protection Agency. V. PRINCIPAL PLACE OF PERFORMANCE: The location of the Contractor's plant or place of business where the item(s) will be produced or the principal services will be performed under the contract is: CITY COUNTY STATE VI. ASSURANCE: The Contractor hereby assures compliance with all terms, conditions and general and special provi- sions for this contract. including attachments. Fs. 15.133.2 page 2 of 3 The Contractor is hereby authorized to perform work on this project during the contract period, subject to the terms and conditions of this contract and all applicable state and federal laws and regulations. BY Signature of Person Authorized to Commit Contractor Title Contractor Contractor Mailing Address: Street or P.O. Box City, State, Zip Code 1 1 Area Code Phone Number Date Fite 18.133 -3 (Rev. 6/85) page 3 of 3 STATE OF TEXAS Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transporta- tion Commission: APPROVED: BY Date • 1 STATEMENT OF WORK I. gSP AUTHORIZATION; This contract implements Task A, sub -task 3 PSP (88) 01-01 - of the FY 88 Highway Safety Plan II. 'PROBLEM STATEMENT: All Texas jurisdictions that are charged with the responsibility of traffic law enforcement have a common problem in trying to identify where to place their limited resources (personnel and equipment) in order to have the greatest impact on the motor vehicle accidents involved in their jurisdiction. Data they receive is sometimes three or four months old before they have an opportunity to evaluate their needs. TRASER is needed to allow for up to the minute input in order to do the best planning possible III. OBJECTIVES: 1. To reduce the total accidents at TRASER selected sites within the jurisdiction by the end of the contract period. 2. To build an automated traffic records system to record 100% of all accident reports and 100% of all police citations issued by 9- 30 -88. IV. RESPONSIBILITIES OF THE CONTRACTOR' Attachment I A. Carry out the objectives according to the milestone schedule in the approved contract. B. Report to the Department, on approved forms, according to the following: 1. A (monthly /quarterly) Project Performance Report describing activities and accomplishments will be submitted no later than the 28th of the month following the end of the quarter. 2. A Financial Status Report will be submitted no less than quarterly by the 28th of the month following the end of the quarter. 3. A Final Report summarizing all activities and accomplishments will be submitted no later that 30 days after the contract end date. C. Attend meetings according to the following: 1. The contractor will arrange for meetings with the Department no less that quarterly to present status of Page 1 of 3 activities, discuss problems and present a schedule for the following quarter's work. 2. The project coordinator or other qualified person will be available to represent the Contractor at meetings requested by the Department. V RESPONSIBILITIES OF THE STATE OF TEXAS: A. Monitor the Contractor's compliance with performance obligations and fiscal requirements of this contract. B. Provide program management and technical assistance as appropriate. C. Reimburse the Contractor according to the following cost categories up to the Reimbursement Limits on page 1 of Form File 18.131. Personal Services: 1. Actual cost of wages for TRASER support staff. 2. Actual costs for travel and per diem (not to exceed state reimbursement rates) for attending meetings called by the Traffic Safety Specialist. Other Direct Costs: 1. Mileage, actual costs (not to exceed 21 cents per mile) D. Provide such technical assistance as may be requested by the contractor to carry out the provisions of this contract,to the limits of available State resources. VI MILESTONES; ACTION A. Baseline data submitted B. Reimbursement C. Progress Review RESPONSIBLE Contractor Contractor Contractor & Department Page 2 of 3 COMPLETION 10 -1 -87 no more than 60 days after the reporting period From 30 to 60 days after c o n t r a c t effective date D. Progress Review Contractor & Department 150 days after c o n t r a c t effective date VII PERFORMANCE INDICATORS The following performance indicators, when applicable, shall be included in each monthly progress report and summarized in the final report: A. Number of citations issued under the TRASER program. B. Number of enforcement hours worked under TRASER. C. Number of high accident locations identified under the TRASER program. D. Number of high accident locations identified that required both enforcement and engineering attention. E. Reduction(number of) in accidents involving fatals, injuries and property damage. Page 3 of 3 I. DEFINITIONS: (Revised 3/84) ATTACHMENT 2 STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION GENERAL PROVISIONS FOR TEXAS TRAFFIC SAFETY PROGRAM CONTRACTS A. Commission: The State Highway and Public Transportation Commission of Texas. B. Contract Manager: The representative of the Department immediately responsible for liaison between the Department and the Contractor, and for supervision and inspection of the work or activity conducted under this contract and of the materials used. C. Contractor: The State agency, political subdivision, corporation, firm , or individual entering into agreement within the State or the Department under this contract, or any subcontractor of such an entity. D. Department: The State Department of Highways and Public Transportation. E. Effective Date: Unless otherwise specified, the effective date of a' contract or contract modification is the date of signature of the last party whose consent is necessary to the validity of the contract or modification. F. Engineer: The State Engineer- Director of the Department, or his authorized representative. G. Project Director: The representative of the Contractor immediately responsible for liaison between the Department and the Contractor. H. State: State of Texas. I. Subcontract: Any agreement between the Contractor and a third party, assigning to that third party any of the obligations for personal and professional services undertaken by the Contractor under this contract. The term excludes contracts for the purchase of goods only, or for general employment, whether full -time, part -time or intermittent. The third party subcontractor may be an individual or an organization, including a corporation, a partnership, a proprietorship, a joint ven- ture or a co- venture. J. U.S. DOT: The United States Department of Transportation, acting through either the Federal Highway Administration or the National Highway Traffic Safety Administration, as may be appropriate. 1 of 14 II. CHANGES: A. Significant changes in the scope, character, or complexity of the work may be enacted by Contract Change Notice (CCP), when necessary, if there is mutual assent between the Contractor and the Department. Such modification must be approved by both the Contractor and the Department before costs may be incurred which will be eligible for reimbursement. E. The Engineer nay at any time, by written order, and without notice to the sureties, if any, sake changes, within the general scope of this contract. He may mot, however, unilaterally shorten the period allowed for delivery of a product or completion of an activity, or increase a specified quantity of goods or services. C. Notwithstanding the provision of paragraphs (A) and (B) above, the estimated cost of this contract shall not be increased or deemed to be increased except by specific written modification of the contract indi- cating the new contract estimated cost and the new amount allotted to the contract. Until such modification is made, the Contractor shall not be obligated to continue performance or incur costs beyond the maximum cost amount established in this contract. III. DISPUTES: 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 receipt by the Contractor of the notification of change. Without prejudicing the right to reject any claim asserted after this time, however, if the Engineer 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. The Engineer will act as referee in all questions arising between the par- ties under the terns of this contract and his decision shall be final and binding. (Revised 3/84) 2 of 14 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 a timely or proper manner the obligation of this agreement, the Department may ter- minate this agreement by giving written notice to the Contractor at least seven (7) days prior to the effective date of termination and specifying the effective date of termination. 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, all finished or unfinished documents, data, stu- dies, surveys, reports, maps, drawings, models and photographs prepared by the Contractor shall, at the option of the Department, become the property of the Department. The Department shall reimburse the Contractor for those eligible expenses incurred during the contract period which are directly attributable to the completed portion of the services covered by this agreement, and shall pay the Contractor a portion of any authorized fee determined by dividing the actual eligible cost of the services actually and satisfactorily performed by the estimated reimbursable cost of the total services contracted for, and multiplying the authorized fee by the rate thus computed. V. EXCUSABLE DELAYS: Except with respect to defaults of subcontractors, the Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the Contractor to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default 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 unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence 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 sub- contractor, and without the fault or negligence of either of them, the Contractor shall not be deemed to be in default, unless (a) the supplies or services to be furnished by the subcontractor were obtainable from other sources, (b) the Engineer 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 Engineer shall ascertain the facts and extent of such failure and, if he shall determine that any failure to per- form was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. (Revised 3/84) 3 of 14 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 Contractor, 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, com- mission, percentage, brokerage fee, gift, or any other consideration, con- tingent upon or resulting from the award or making of this agreement. If the Contractor breaches or violates this warranty, the Department shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or other- wise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. VII. CONTRACT PERIOD ESTABLISHED: All work and services required under this contract shall be begun after its effective date and completed no later than the termination date specified on the Contract face page or a timely CCN. VIII. COST PROVISIONS: A. Only those costs allowable under applicable Federal cost principles are eligible for reimbursement under this contract. Applicability of cost principles is determined by the identity of the Contractor: If the Contractor is an agency of state or local government, the applicable cost principles are contained in Office of Management and Budget Circular A -87, "Cost Principles Applicable to Grants and Contracts with State and Local Governments." If the Contractor is a college, univer- sity or other educational instructor, the applicable cost principles are contained in OMB Circular A -21, "Cost Principles for Educational Institutions." If the Contractor is a nonprofit organization (excluding any organization to which the prior principles apply), the applicable cost principles are contained in OMB Circular A - 122, "Cost Principles for Nonprofit Organizations." Those principles that apply to this Contractor are incorporated as part of this agreement. B. To be eligible for reimbursement under this contract, a cost must have been incurred within the contract period, paid by the Contractor prior to claiming reimbursement from the Department, and claimed by the Contractor within 60 days of the end of the calendar quarter in which it was paid, and in no case later than 60 days from the end of the contract term. A cost is incurred when the Contractor's employee or subcontractor performs the service required, or when goods are received by the Contractor, notwithstanding the date of order or date of payment. IX. METHOD OF PAYMENT: One of the methods of payment and associated conditions below will apply to this agreement: (Revised 3/84) 4 of 14 A. LUMP SUM - The Contractor agrees to perform the work specified and to accept as payment a fixed dollar amount. B. COST PER UNIT OF WORK - The Contractor agrees to perform the work spe- cified and to accept as payment a specified unit price for each unit of work performed. C. COST PLUS A FIXED FEE AMOUNT - The Contractor agrees to perform the work specified and to accept as payment reimbursement for all valid costs incurred in accordance with the terms of the contract plus a spe- cified fixed fee. D. SPECIFIC RATES OF COMPENSATION - The Contractor agrees to perform the work previously stated and to accept payment according to a schedule of payment rates specified in the contract. E. COST - The Contractor agrees to perform the work previously stated and to accept as payment a reimbursement for all eligible costs incurred and paid in accordance with the terms of the contract. X. TERMS AND CONDITIONS OF PAYMENT: A. Unless otherwise specified in the Special Provisions, the Contractor agrees to bill the Department at quarterly intervals only, using the forms and format specified. B. 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 this contract. C. The Department's obligation to reimburse the Contractor is contingent upon the U.S. DOT's making available sufficient Federal funds to meet that reimbursement obligation, and the Contractor's costs being eli- gible for reimbursement under both this contract and applicable Federal regulations. If the term of this contract transends the State's fiscal biennium, the Department's obligation to reimburse is also contingent upon appropriation of funds by the State. XI. INSPECTION: The Department and, when Federal funds are involved, U.S. DOT and any authorized representative of the Federal government, have the right, at all reasonable times, to inspect, or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Contractor or a subcontractor, the Contractor shall provide and shall require his sub- contractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. (Revised 3/84) 5 of 14 XII. PROPERTY ACCOUNTABILITY: (Revised 3/84) A. The Contractor shall not purchase under this contract, any item of pro- perty with an original cost of $250.00 or more unless specifically authorized to do so in writing. B. The Contractor shall establish and administer a system to control, pro- tect, preserve, use, and maintain and dispose of any property furnished it by the Department or purchased pursuant to this agreement in accor- dance with its own property management procedures, this Department's policies governing the Texas Traffic Safety Program, and when appli- cable, Federal Property Management Standards as set forth in Attachment N to OMB Circular A -102, "Uniform Requirements for Assistance to State and Local Governments." This obligation continues as long as the pro- perty is retained by the Contractor, notwithstanding the expiration of this contract. C. Title to property purchased by the Contractor for use under the contract is in the Contractor, unless this Department or the Federal government has, in authorizing purchase of a specific item, reserved the right to take title. D. The Contractor must replace any property for the cost of which it claims reimbursement if that property is necessary to full operation of the project covered by this contract and is no longer available through loss, theft, accident or circumstance other than normal year. The Contractor may provide for replacement through private insurance, self - insurance, or any other method, at its option. • E. When the Contractor no longer needs property purchased pursuant to this agreement in the project or program supported by this agreement, it may use that property in its other activities or dispose of it in accor- dance with its property management procedures and, when applicable, Federal property management standards. Under certain circumstances set forth in those standards, the Contractor is required to refund monies to the Federal government upon either certain uses of, of the disposi- tion of, certain property. Any such refund must be made through the Department. XIII. RETENTION: A. The Contractor agrees to maintain books, records, documents, and other evidence pertaining to the costs and expenses of this contract (hereinafter collectively called the "records ") to the extent and in such detail as is required by OMB Circular A -102. These requirements are hereby made a part of this contract. The records vill properly reflect all net costs, direct and indirect, of labor, materials, equip- ment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this contract. 6 of 14 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 the Department, U.S. DOT, and any authorized representative of the Federal government. C. 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. D. Records which related to (1) any question under the "Disputes" clause of this contract, (2) litigation of any claim arising out of the per- formance of this contract, or (3) any cost or expenses of this contract as to which exception has been taken on audit, shall be retained by the Contractor until such appeal, litigation, or exception has been finally resolved or adjudged. E. The Contractor further agrees to include in each of his subcontracts in excess of $10,000.00 in total value, a provision to the effect that the subcontractor agrees that the Department, U.S. DOT, and any authorized representative of the Federal government 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 Department and copies of such data and material shall be furnished to the Department on request. XV. REPORTS: A. Before publication or printing, the final draft of any report required under the contract schedule shall be submitted to the Department for review and concurrence. Review and approval by the U.S. DOT will be coordinated by the Department 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 Department. Reports or other such information are material in the public domain, and shall not be copyrighted or restricted as to distri- bution and reproduction. The Contractor shall furnish the Department with the quantity of copies of the report specified in the contract. B. Each report covered by paragraph A must include the following state- ments on the cover page: (Revised 3/84) 7 of 14 (Revised 3/84) 1. State projects: "This report was prepared in cooperation with the State Department of Highways and Public Transportation." For Federally funded projects, add to the above quote either: "...and the National Highway Traffic Safety Administration of the U.S. Department of Transportation," or "...and the Federal Highway Administration of the U.S. Department of Transportation," as may be appropriate. 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." XVI. DQUAL OPPORTUNITY: A. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally - assisted programs of U.S. DOT, Title 49, Code of Federal Regulations, Part 21 and Title 23, Code of Federal Regulations, Part 710.405(b), 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, sex, or origin in the selection and retention of sub- contractors, including procurements of materials and leases of equip- ment. 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 nego- tiation 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, sex, or national origin. D. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or in directives issued pur- suant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or by U.S. DOT to be pertinent to ascertain compliance with such Regulations or directives. 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 Department or the U.S. DOT, as appropriate, and shall set forth what efforts it has made to obtain the information. 8 of 14 E. Sanctions for Noncompliance: In the event of the Contractor's non- compliance with the nondiscrimination provisions of this contract, the Department shall impose such contract sanctions as it or U.S. DOT 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, (Revised 3/84) 2. cancellation, termination, or suspension of the contract in whole or in part. F. Incorporation of Provisions: The Contractor shall include the provi- sions of paragraphs (A) through (F) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or by directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Department or U.S. DOT 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 Department 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 specified 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 regulations 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 provisions of the Contract Work Hours Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the normal hourly rate for each hour of work in excess of eight hours in any calendar day, or in excess of forty hours in such workweek, whichever 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 the period specified in General Provision XIII: Retention. XVIII. CONVICT LABOR: In connection with the performance of work under this contract, the Contractor agrees not to employ any person serving a sentence of imprison- ment at hard labor. 9 of 14 XIX. SUBCONTRACTING: A. The Contractor shall not subcontract or sublet any portion of this contract without the prior approval, in writing, of the Engineer. B. The U.S. DOT may require that it approve any subcontract for personal or professional services prior to execution and initiation of work under it. This review may take up to thirty (30) days and shall con- sider, in part, the following matters: 1. Determination of the subcontractor's qualifications including resi- dent manpower and ability to complete the work within the time allotted; 2. Manner of selection from those qualified to perform the service; 3. Necessity for subcontracting; and 4. Review of the subcontract, to ensure that (a) minimum terms of the prime contract have been incorporated into the subcontract, and (b) the Contractor's price breakdown includes costs (if any) for per- sonal services, subcontract, commodities, other direct costs, indirect costs, and profit. C. Pre -award audit is required when subcontraots exceed $25,000.00 in total value. D. No subcontract will relieve the Contractor of his responsibility under this contract. 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 Contractor 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 precedence in the following order: A. Texas Traffic Safety Program Contract Form, File 18.133 B. Statement of Work (Revised 3/84) 10 of 14 C. Special Provisions D. General Provisions XXII. ASSIGNMENT AND TRANSFER: The Contractor shall not assign, sell, transfer or otherwise dispose of this contract or any portion of it, or his rights, title or interest in it, without the approval of the Commission. Each party binds himself and his partners, successors, administrators and executors. XXIII. CANCELLATION: The Department may cancel'this contract if the Contractor violates any of the laws of the United States of America or the State of Texas. In such event, the Contractor shall be reimbursed only for those costs incurred prior to the contract's cancellation, computed as set forth in General Provision IV: Conditions for Termination Prior to Completion. XXIV. CONTRACTOR'S LIABILITY: The Contractor shall be liable for any loss of, or injury to, any material acquired, provided, 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. XXV. HOLD HARMLESS: (Does Not Apply If Contractor Is A State Agency.) The Contractor is an independent Contractor and not an agent, servant, or employee of the State. The Contractor shall hold.the State and its representatives harmless from all suits, actions or claims of any kind brought on account of any person or property in consequence of any neglect in safeguarding the work, or of any act or omission by the Contractor or its employees, or from any claims or amounts arising or recovered under Workmen's Compensation Laws or any other law, bylaw, 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 the Contractor in the manner or method of performing the work for the period of the contract. XXVI. TAX AND COMPENSATION LIABILITY: Nothing herein contained shall be construed as incurring for the Department or 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 Department of the State if the Department and the Contractor were standing in an employer - employee rela- tionship, and the Contractor hereby agrees to assume and pay all such liabilities. (Revised 3/84) 11 of 14 • XXVII. REIMBURSEMENT OF ELIGIBLE EXPENDITURES: (Revised 3/84) A. Upon written application by the Contractor and approval by the Department, the Department shall obligate funds for reimbursement of eligible expenditures as set forth in the application. B. The Contractor shall refund to the Department any funds the Contractor claims and receives from the Department for the reimbursement of costs which are determined by a State or Falderal audit to be ineligible for reimbursement. C. The Department shall have the right to withhold all or part of any future payments to the Contractor to offset any reimbursement made to the Contractor for any ineligible expenditures and not refunded to the Department by the Contractor. XXVIII. APPLICATION OF THE HATCH ACT: It is mutually agreed and promised that the Contractor shall notify every employee of the Contractor whose principal employment is in connection with any traffic safety project financed in whole or in part 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 CONTRACTOR FINANCIAL MANAGEMENT SYSTEMS: Contractor financial management systems shall meet or exceed the require- ments of OMB Circular A -102. Those requirements include, among others: A. Accurate, current, and complete disclosure of the financial results of each grant program in accordance with Departmental reporting requirements; B. Records which identify adequately the source and application of funds for grant - supported activities. These records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays, and income; C. Effective control over and accountability for all funds, property, and other assets. The Contractor shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes; D. Comparison of actual with budgeted amounts for each contract, and rela- tion of financial information to performance or productivity data, including the production of unit cost information whenever appropriate and required by the grantor agency; E. Procedures for determining the eligibility for reimbursement and proper allocation of costs; F. Accounting records which are supported by source documentation; 12 of 14 G. Audits to be made by the Contractor or at its direction to determine, at a minimum, the fiscal integrity of financial transactions and reports, and the compliance with laws, regulations, and administrative requirements. The Contractor 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 H. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. XXX. PROCUREMENT PROCEDURES: A. All procurement transactions for supplies, equipment or services, whether negotiated or advertised and without regard to dollar value, shall be conducted to provide maximum open and free competition con- sistent with efficient and economical program management in accordance with applicable State and Federal laws and regulations. The Contractor should be alert to organizational conflicts of interest or noncom- petitive practices among providers which may restrict or eliminate com- petition or otherwise restrain trade. B. The Contractor shall use its own procurement procedures which reflect applicable State and local laws and regulations, provided that those procedures conform, as a minimum, to the requirements of OMB Circular A -102, Attachment 0. C. The Contractor shall provide the Department with a copy of its proce- dures for any procurements authorized under this contract which will exceed $250.00 in value. The Department will review those procedures to determine that the Contractor's procurement system meets applicable criteria. No costs associated with such procurements made by the Contractor prior to the Department's determination of compliance are eligible for reimbursement. D. Proposed procurement actions in excess of $250.00 must be reviewed and approved in writing by the Department prior to accomplishment of the procurement to avoid the purchase of unnecessary or duplicative items. No costs associated with such procurements made by the Contractor without the Department's written approval are eligible for reimburse- ment. Inclusion in a contract executed by the Department is considered approval in writing. E. Contractors shall maintain records sufficient to detail the significant history of a procurement, and shall provide the Department with a copy of those records. The record shall include, at a minimum, information documenting the Contractor's rationale for the method of procurement, the selection of contract type, the selection or rejection of provider applicants, and the basis for the cost or price. The Contractor shall maintain these records as required by General Provision XIII: Retention. (Revised 3/84) 13 of 14 XXXI. MINORITY BUSINESS ENTERPRISE: It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as follows: The contractor agrees to insure that Minority Business Enterprises as defined in 49 CFA Part 23, Subpart A, have the maximum opportunity to par- ticipate 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, exclu- sive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. The Contractor and any Subcontractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts 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 result in termination of the contract by the State or other such remedy as the State deems appropriate. (Revised 3/84) 14 of 14 3. Audit Provision $PECIA? PROVISIONS Attach -en 1. State Department of Highways and Public Transportation Commission policy mandates that employees of the Depart -.ent shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the State Department of Highways and Public Transportation Engineer - Director. Any person doing business with or who may reasonably: speaking do business with the State under this contract 7ay not make any offer of benefits, gifts or favors to Departmental employees, except as mentioned hereabove. Failure on the part of the contractor to adhere to this policy may result in the termination of this contract. 2. The maximum amount payable under this contract is contingent upon the availability of appropriated funds. The Grantee shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8, and 9 of OMB Circular No. A -128. STEP ESTIMATED BGu4n1 (Not a part of the contract) Contractor ENFORCEMENT ACTIVITIES: I. Personal Services: A. Enforcement (Overtime) 1. Patrol Officers: hours @ per hour = S 2. Sergeants: hours @ per h = 3. Lieutenants: hours @ per hour = B. *Staff /Supervisory Support * *1. Keypunch Operator: hours @ per hour = 2. Clerk Typist: hours @ per hour = * *3. Project Director hours @ per hour C. Travel & Per Diem (State Rate) 1. Travel for two people to attend two meetings called by by D-18TS II. Other Direct Cost: A. Mileage (not to exceed state rate) miles @ per mile TOTAL CONTRACT COST: $ *These combined cost may not exceed 10% of the total contract amount. * *Only cost allowable under TRASER STEP