Loading...
HomeMy WebLinkAbout02-12-18 City Commission Packet Materials - C4. Database Agreement with MDT for System AccessCommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Tech. Supervisor Rick Hixson, City Engineer SUBJECT: Authorize the City Manager to sign the Database Access Agreement with the Montana Department of Transportation for access to the Safety Information Management System. MEETING DATE: February 12, 2018 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize City Manager to sign Contract Agreement BACKGROUND: In years past the Montana Department of Transportation (MDT) made available to the City of Bozeman yearly listings of reported vehicle crash statistics. City staff uses these statistics for accident prevention, roadway design, and other traffic engineering purposes. MDT has changed the way this information is now maintained and disseminated. The information is now maintained in a database, the Safety Information Management System (SIMS). In order for city staff to access SIMS, the attached contract agreement needs to be approved and signed by the city manager and returned to MDT. City staff would like to continue to obtain crash statistics, and we recommend that the contract agreement be approved and signed. UNRESOLVED ISSUES: None identified ALTERNATIVES: Cease obtaining crash statistics from MDT; or as suggested by the City Commission. FISCAL EFFECTS: None identified. 92 Attachments: Database Access Agreement Report compiled on January 22, 2018 93 DATABASE ACCESS AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Montana, acting by and through its Department of Transportation, hereinafter called the “State” or “Department”, and the City of Bozeman, hereinafter called the City. WITNESSETH THAT: THE PURPOSE OF THIS AGREEMENT IS TO SET FORTH THE RESPONSIBILITIES AND DUTIES OF THE STATE AND THE CITY FOR ALLOWING ACCESS TO THE DEPARTMENTS SAFETY INFORMATION MANAGEMENT SYSTEM (SIMS) BY CITY PERSONNEL. I. WHEREAS, the State has recently completed an upgrade to the Department’s crash database, herein referred to as the Safety Information Management System (SIMS); and WHEREAS, SIMS is a decision support tool currently being used by the Department to: A. Reduce traffic related deaths and serious injuries. B. Reduce the number of alcohol-related traffic fatalities. C. Increase the use of safety restraints in vehicles through enforcement and education. D. Enhance commercial vehicle safety. E. Protect federal, state, and local government investments in the highway system infrastructure. F. Evaluate the effectiveness of countermeasures that have been implemented. WHEREAS, access to SIMS is being made available by the Department to the City thru the State of Montana “e-pass” internet site; WHEREAS, SIMS contains crash data, vehicle data, person data and other miscellaneous database tables containing information on crashes reported by or thru the Montana Highway Patrol (MHP); WHEREAS, this document must be duly executed and on record with the State before access to SIMS will be granted to City personnel; II. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: A. The City will provide written notification to the Department of the names and titles of up to two (2) personnel from the City that will be accessing SIMS, including a brief statement of the individual(s) roles and responsibilities and why access is being requested; 94 B. For those personnel designated above, the City agrees to notify the Department within 10 working days of changes in roles, responsibilities, or employment of those individuals; C. The Department, at its sole discretion, reserves the right to approve access of designated City personnel to the SIMS database; D. The City agrees that access to SIMS by City employees will take place on City maintained computers and computer networks; E. The City agrees to provide the Department with Internet Protocol (IP) addresses, or a block of addresses, for City maintained computers which will be used to access SIMS; F. The City agrees data contained in SIMS is subject to the provisions of 23 U.S.C. 409, and therefore is not subject to discovery or release through Public Information Requests and is excluded from admission into evidence; G. The City accepts the State’s confidentiality interest regarding the SIMS data including responsibility for its confidentiality, including, but not limited to, protection from dissemination or release to parties known or unknown involved or contemplating litigation as well as its security in any electronic database in which it is incorporated; H. The Department agrees to maintain the SIMS Database and provide training for up to two (2) City personnel annually at the MDT Headquarters building in Helena, Montana at no charge to the City at a time mutually agreeable to both parties; I. The City acknowledges and agrees that SIMS is a dynamic database and is continually being updated by Department personnel; J. The City agrees to indemnify the Department and State of Montana for access to, use of, and/or conclusions made from the data contained in SIMS; K. The City agrees the City’s sole recourse in the event the information in SIMS proves inadequate, inaccurate or untimely shall be the termination of this Agreement. The City shall have no right of action because of failure of the SIMS due to computer shutdown; 95 L. This Agreement reflects the entire agreement between the parties and cancels all prior agreements and commitments, verbal or written; M. The Department may terminate access to SIMS immediately and without notice upon security or other access violations. In such event, the Department shall provide the City written notice within 5 working days of the reason for termination. III. DURING THE PERFORMANCE OF THIS AGREEMENT, THE CITY, FOR ITSELF, ITS ASSIGNEES AND SUCCESSORS IN INTEREST, AGREES AS FOLLOWS: (1) Compliance with Regulations: The City (hereinafter includes consultant) will comply with all Acts and Regulations of the United States and the State of Montana relative to Non-Discrimination in Federally and State-assisted programs of the U.S. Department of Transportation and the State of Montana, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (2) Non-discrimination: a. The City, with regard to the work performed by it during the contract, will not discriminate, directly or indirectly, on the grounds of any of the protected classes in the selection and retention of subcontractors, including procurements of materials and leases of equipment, employment, and all other activities being performed under this contract/agreement. b. City will provide notice to its employees and the members of the public that it serves that will include the following: i. Statement that City does not discriminate of the grounds of any protected classes. ii. Statement that City will provide employees and members of the public that it serves with reasonable accommodations for any known disability, upon request, pursuant to the Americans with Disabilities Act as Amended (ADA). iii. Contact information for City’s representative tasked with handling non-discrimination complaints and providing reasonable accommodations under the ADA. iv. Information on how to request information in alternative accessible formats. c. In accordance with Mont. Code Ann. § 49-3-207, City will include a provision, in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and qualifications and that City does not discriminate on the grounds of any protected class. (3) Participation by Disadvantaged Business Enterprises (DBEs): a. If the City receives federal financial assistance as part of this contract/agreement, the City will make all reasonable efforts to utilize DBE 96 firms certified by the Department for its subcontracting services. The list of all currently certified DBE firms is located on the Department website at mdt.mt.gov/business/contracting/civil/dbe.shtml b. By signing this agreement the City assures that: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. c. City must include the above assurance in each contract/agreement the City enters. (4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation, made by the City for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the City of the City’s obligation under this contract/agreement and all Acts and Regulations of the United States and the State of Montana related to Non-Discrimination. (5) Information and Reports: The City will provide all information and reports required by the Acts, Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Department or relevant US DOT Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the City will so certify to the Department or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (6) Sanctions for Noncompliance: In the event of a City’s noncompliance with the Non-discrimination provisions of this contract/agreement, the Department will impose such sanctions as it or the relevant US DOT Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the City under the contract/agreement until the City complies; and/or b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part. (7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement, the City, for itself, its assignees, 97 and successor in interest, agrees to comply with the following non-discrimination statues and authorities; including but not limited to: Federal - Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 200d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaces or whose property has been acquired because of Federal or Federal-aid programs and projects); - Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americas with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; 98 - The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). State - Mont. Code Ann. § 49-3-205 Governmental services; - Mont. Code Ann. § 49-3-206 Distribution of governmental funds; - Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts. (8) Incorporation of Provisions: The City will include the provisions of paragraph one through seven in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The City will take action with respect to any subcontract or procurement as the Department or the relevant US DOT Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the City becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the City may request the Department to enter into any litigation to protect the interests of the Department. In addition, the City may request the United States to enter into the litigation to protect the interests of the United States. THE PARTIES UNDERSTAND AND AGREE THAT THE FAILURE OF EITHER PARTY TO PERFORM THE DUTIES AND RESPONSIBILITIES SET FORTH IN THIS AGREEMENT MAY BE DEEMED A MATERIAL BREACH OF THE CONTRACT FOR 99 WHICH ANY AVAILABLE REMEDY PROVIDED BY LAW MAY BE ASSERTED IN THE DISTRICT COURT. IN ANY LEGAL PROCEEDING TO ENFORCE ANY PROVISION OF THIS AGREEMENT OR FOR BREACH OF THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND ATTORNEY’S FEES. 100 IN WITNESS WHEREOF, the State’s authorized representative has signed on behalf of the State of Montana, and the Individual Title of the City of Bozeman, on behalf of the City, has signed and affixed hereto the seal of the City. STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION By __________________________________ _______________________, 2018 Administrator - Engineering Division By ________________________________ Approved for Legal Content ATTEST: CITY OF BOZEMAN By_________________________________ By___________________________ Robin Crough, City Clerk Andrea Surratt, City Manager APPROVED AS TO FORM: By_________________________________ Greg Sullivan, City Attorney I, Robin Crough, City Clerk of the City of Bozeman, hereby certify that this agreement was regularly adopted by the City Commission at a meeting held on the 12th day of February, 2018; and that the City Commission authorized the City Manager to sign this agreement on behalf of the City of Bozeman. _____________________________________ Robin Crough, City Clerk 101