HomeMy WebLinkAbout18- Database Access Agreement - Montana Department of Transportation (MDT) - Safety Information Manager System (SIMS) Access 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;
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;
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
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,
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;
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
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.
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 �1r7 , 2018
dministrator - Engin Bring Division
By
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Approved for Legal Content
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ATTEST: y�r,� � : •;� '� CITY OF BOZEMAN
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Robin Crough, Ci Clerkc' gg3 •o �� . An rea Surratt, CN Manager
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Grpg,Su Ivan, 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 12tn
day of February, 2018; and that the City Commission authorized the City Manager to
sign this agreement on behalf of the City of Bozeman.
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Robin Crough, Cit rlk _-�' 'z
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