HomeMy WebLinkAbout14- City Grant #2014-002 State Highway Traffic Safety Section Agreement with MDTBozeman STEP Standard Agreement 107900
State Highway Traffic Safety Section
This Agreement is made and entered into by and between the MONTANA DEPARTMENT OF TRANSPORTATION,
hereinafter called the "Department" and City of Bozeman hereinafter called the "Grantee." Funds provided are
described in the Catalog of Federal Domestic Assistance (CFDA), numbers 20.600, 20.601 & 20.602, awarded by the
National Highway Traffic Safety Administration, Department of Transportation as authorized by 23 U.S.C. 402 et seq.
Actual award is contingent upon the availability of NHTSA funding.
ARTICLE 1. PROJECT
Section 1.1 Purpose of Contract. This project provides assistance for the Grantee's highway traffic safety
program.
Section 1.2 Scope of the Proiect. The Grantee shall implement and utilize project funding as described in the
FFY2015 Grant Application for Highway Traffic Safety Funding, and provided in the objectives from your application (see
attachment B). The Grantee shall use its best efforts to efficiently and economically complete the Project.
Section 1.3 Project Description. To provide officer overtime funding for the Selective Traffic Enforcement
Program (STEP). See Exhibit A — Scope of Work.
Section 1.4 Period of Performance. This project shall be started by the Grantee within 10 days of October 1,
2014, and shall be completed no later than September 30, 2015, unless the Department grants express written
approval.
Section 1.5 Costs of Proiect. The total funding for the project shall be $15,000.00.
If during the term of this agreement, federal funds are reduced or eliminated, the Department may immediately
terminate or reduce the grant award upon written notice to the Project Director.
Section 1.6 Definitions. (a) "Major item of apparatus or equipment" means an item with a useful life of more
than one year and costing $5,000.00 or more per unit.
(b) "Traffic Safety purposes" means a project purpose which meets the State highway safety program, approved
by the Secretary of Transportation, which is designed to reduce traffic crashes and the resulting deaths, injuries, and
property damage from those crashes.
(c) "Useful life" means the expected, projected or actual period of time during which the equipment continues
to function as designed without significant repair costs.
Section 1.7 Equipment All equipment, including tools, for which purchase reimbursement is sought, will be used
exclusively for traffic safety purposes. The equipment purchases are subject to the following provisions:
(a) Any major item of apparatus and equipment for which reimbursement is sought and which is not identified
specifically in the Proposal and approved as part of this Agreement shall be submitted in writing for approval by
the Department prior to the purchase.
(b) A major item of apparatus or equipment must be obtained by proper competitive practices in accordance
with State of Montana purchasing laws and regulations.
(c) The Grantee must certify that the equipment costs shown in the Proposal as direct costs are excluded from
the items in the indirect cost calculation, if applicable.
(d) The Grantee agrees to properly title any vehicle or other equipment which requires a title by State statute, in
Grantee's name.
(e) The Grantee agrees to activate the warranty on any equipment for which a warranty is available.
(f) The Grantee agrees to maintain records of any equipment, and make such records and equipment available
for inspection by the Department or its authorized representatives.
(g) The Grantee agrees to maintain the equipment for its stated program purposes for the useful life of the
equipment.
(h) The Grantee agrees to retain ownership and/or title to the equipment for the equipment's useful life, and
shall not sell, convey or otherwise transfer title or ownership of the equipment to any other governmental or
private party, except as stated in this Agreement.
(i) The Grantee agrees to notify the Department if the equipment is not suited for its stated program purpose, or
is not in actual use by Grantee as stated in the Agreement at any time during the useful life of the equipment.
Grantee agrees it shall not discontinue use, abandon, store, or otherwise cease use of the equipment for any
reason whatsoever, unless notification is provided to the Department.
(j) The Grantee agrees that any equipment not in actual use by Grantee during the equipment's useful life may
be recovered by the Department, and possession (or title where applicable) transferred or conveyed
permanently to the Department for redistribution to other program recipients.
(k) The Grantee agrees that any equipment which reaches the conclusion of its useful life may be disposed of by
Grantee, with prompt notification to the Department.
(1) The Grantee agrees that it shall maintain records of the disposition of the equipment after its useful life, for a
period of three years beyond the disposition date.
Section 1.7 Insurance. During the Agreement term, the Grantee shall maintain insurance or self-insurance
(property damage and liability) adequate to protect the federal share portion of Project facilities and equipment.
Grantee will furnish proof of such insurance for the State's approval. Certificates of Insurance, indicating compliance
with the required coverages, must be filed with the Purchasing Services Bureau within ten (10) working days of notice of
award. This requirement, however, does not pertain to state and local government Grantees. The proof of
insurance/exemption must be valid for the entire agreement period. Agreements will not be issued to Grantees that fail
to submit insurance certification for proof of Workers' Compensation Insurance valid in the State of Montana or proof of
exemption thereof.
Section 1.8 Reporting. Grantee shall advise the State in writing of project progress at such times and in such
manner as the State may require, but not less than on a quarterly basis. Equipment shall be reported on an annual
basis.
ARTICLE 2. TERMS AND CONDITIONS
Section 2.1 Termination. This agreement may be terminated at any time based upon mutual written consent of
the parties. If it is considered to be in the best interests of the Department, the Department may terminate this
Agreement upon giving ten (10) working days written notice to the grantee. If the agreement is so terminated prior to
fulfillment of the terms stated herein, the Grantee shall be reimbursed only for actual expenses, both direct and indirect,
incurred to the date of termination.
Section 2.2 Litigation. In the event of litigation concerning this agreement, venue shall only be in the First
Judicial District Court of the State of Montana, Lewis and Clark County.
Section 2.3 Agreement Modification. Any change in the agreement will only be by written agreement of the
Parties.
Section 2.4 Subcontracting. Grantee will not assign, sublet or transfer any part of this Agreement except by
written subcontract, and with the prior written consent of the Department. The grantee must provide a copy of the
draft subcontract to the assigned program manager for review and approval prior to finalization. Nothing contained
within this document shall create any contractual relationships between any subgrantee and the Department.
Section 2.5 Indemnification. Grantee shall indemnify, defend, and hold harmless the State of Montana,
Department of Transportation, its employees and agents from and against all claims, demands, or actions from damages
to property or injury to persons or other damage to persons or entities arising or resulting from the performance of this
Contract, including all costs and attorney fees.
Section 2.6 Compliance with Laws. Some of the clauses contained in this agreement are not governed solely by
Federal law, but are significantly affected by State law. The laws and regulations cited in this agreement are not all-
inclusive of those which may apply to the successful completion of this agreement. The Grantee understands that it is
its responsibility to learn which federal, state and local laws and regulations will apply to its operation under this
agreement, and that Grantee is solely responsible for its lawful compliance with all laws and regulations, including those
in the attached Non -Discrimination Notice.
Section 2.7 Access and Retention of Records. The Grantee agrees to provide the Department, USOT, the
Legislative Auditor or their authorized agent access to any records to determine compliance with this agreement. The
Grantee agrees to create and retain records supporting this agreement for a period of three (e) years after the
completion date of the agreement or at the conclusion of any claim, litigation, or exception relating to this agreement
taken by the Department or third party.
Section 2.8 Severability and Integration. If any part, or parts, of this Contract are determined to be void, the
remaining parts will remain valid and operative. This document, together with its schedules, attachments, and exhibits,
represent the complete and entire understanding of the parties on its subject matter. No provision, express or implied,
arising from any prior oral or written request, bid, inquiry, negotiation, contract, or any other form of communication,
shall be a provision of this contract unless it is reduced to writing, signed by the parties, and attached to this document.
Section 2.9 Waivers. A party's failure to enforce any provision of this Contract shall not be construed as a waiver
excusing the other party's future performance.
Section 2.10 Seat Belt Policy. All grantees are required to adopt a seatbelt use policy that applies to all
employees during work hours, whether traveling in a work vehicle or a personal vehicle, in compliance with state law. A
copy of the policy will be provided to your assigned program manager.
ARTICLE 3. FEDERAL REQUIREMENTS
The Grantee understands that this agreement includes requirements specifically prescribed by Federal law or regulation.
The Grantee acknowledges they have read, understood and agree to comply with all Highway Safety Grant (23 U.S.C,
Chapter 4) requirements including applicable federal statutes and regulations that are in effect during the grant period.
Section 3.1 NONDISCRIMINATION. Grantee will comply with all Federal statutes and implementing regulations
relating to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the basis of race, color or
national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits
discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act
of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of
disabilities (and 49 CFR Part 27);
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the
basis of age;
(e) the Civil Rights Restoration Act of 1987 (Pub. L. 100-259), which requires Federal -aid recipients and all
subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities;
(f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse;
(g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L.
91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
(h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3),
relating to confidentiality of alcohol and drug abuse patient records;
(i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the
sale, rental or financing of housing;
j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is
being made; and
(k) the requirements of any other nondiscrimination statute(s) which may apply to the application.
Section 3.2 Buy America Act. The Grantee will comply with the provisions of the Buy America Act (49 U.S.C.
5323(j), which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased with Federal
funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent
with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that
inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent.
Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted
to and approved by the Secretary of Transportation.
Section 3.3 Political Activity (Hatch Act). The Grantee will comply with the provisions of the Hatch Act (5 U.S.C.
1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole
or in part with Federal funds.
Section 3.4 Certification Regarding Federal Lobbying. Certification for Contracts, Grants, Loans,
and Cooperative Agreements. The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Farm to Report Lobbying," in
accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all sub -
award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Section 3.5 Restriction on State Lobbying. None of the funds under this program will be used for any activity
specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific
legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect
(e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is
supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in
accordance with customary State practice, even if such communications urge legislative officials to favor or
oppose the adoption of a specific pending legislative proposal.
Section 3.6 Certification Regarding Debarment and Suspension. Instruction for Primary Certification:
1. By signing and submitting this proposal, the prospective primary participant is providing the certification set
out below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot
provide the certification set out below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction. However, failure of the
prospective primary participant to furnish a certification or an explanation shall disqualify such person from
participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the
Federal Government, the department or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the department or agency to
which this proposal is submitted if at any time the prospective primary participant learns its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the
meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it will include the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier
Covered Transaction," provided bythe department or agency entering into this covered transaction, without
modification , in all lowertier covered transactions and in all solicitations for lowertier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non -
procurement Programs.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of record, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered
an erroneous certification, in addition to other remedies available to the Federal government, the department or
agency with which this transaction originated may pursue available remedies, including suspension and/or
debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal
is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant;
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the
meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom
this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency with which
this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions. (See below)
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -
procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part
9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition
to other remedies available to the Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Section 3.7 Single Audit. The Grantee shall perform an audit in compliance with the Single Audit Act
Amendments of 1996, 31 USC 7501 et seq. and OMB Circular A-133, "Audits of States, Local Governments, and Non -
Profit Organizations." For local governments and school districts, the Grantee will provide the report to the State of
Montana, Department of Administration, Local Government Services Bureau all other grantees such as Tribal
Communities and Non -Profit Organizations will provide the report to the State of Montana, Department of
Transportation, Internal Audit Unit.
Agreement and Authorization to Proceed
Project Directors and Points of Contact
The following individuals will be the respective project directors and points of contact for the Department and Grantee.
Department:
Name
Project Director:
2.
1. Name
Janet Kenny
2. Title
State Highway Traffic Safety Section Supervisor
3. Address
Montana Department of Transportation
Phone
P.O. Box 201001
5.
Helena, MT 59620-1001
4. Phone
(406)444-7417
5. Fax
(406)444-9409
6. Email
jakenny@mt.gov
Point of Contact
1.
Name
Chad Newman
2.
Title
Program Manager — Law Enforcement Programs
3.
Address
Montana Department of Transportation
4.
Phone
P.O. Box 201001
5.
Fax
Helena, MT 59620-1001
4.
Phone
(406)444-0856
5.
Fax
(406)444-9409
6.
Email
chnewman@mt.gov
Grantee:
Project
Director:
1.
Name
Ron Price
2.
Title
Chief of Police
3.
Address
P O Box 1230, Bozeman, MT 59715
4.
Phone
406-582-2022
5.
Fax
6.
Email
SCrawford@BOZEMAN.NET
Point of Contact
1.
Name
Steve Steve
2.
Title
Lieutenant
3.
Address
P O Box 1230, Bozeman, MT 59715
4.
Phone
406-582-2022
5.
Fax
6.
Email
SCrawford@BOZEMAN.NET
Fiscal contact
1.
Name
Anna Rosenberry
2.
Title
Finance Director
3.
Address
4.
Phone
406-582-2325
5.
Fax
6.
Email
arosenberry@bozeman.net
Agreement and Authorization to Proceed
Authorizing Official of the Grantee
1.
Name
Chris Kukulski
2.
Title
City Manager
3.
Address
121 N Rouse, Bozeman, MT 59771-1230
4.
Phone
406-582-2300
5.
Fax
6. Email clnilc sk @bozan.net
7. Signature
Delegation of Managing authority
To Project Director:
1. Name Ron Price
2. Title Chief of Police
3. Address P 0 Box 1230, Bozeman, MT 59715
4. Phone 406-582-2022
jo- (6- ly
Date
5. Fax
6. Email SCrawfor OZEMAN.NET
7. Signature
Dat
Montana Department of Transportation Approval
1. Name/Title Lynn Zanto/ Rail, Transit, Planning Division Administrator
2. Address Montana Department of Transportation
PO Box 201001, Helena MT 59620-1001
3. Phone (406)444-3445
4. Email Izanto@mt.gov
5. Signature
bake
Legal Advisor for contract content
1. Name/Title MDT Counsel, Legal Services
2. Address Montana Department of Transportation
P x 01001, na MT 9620-1001
3. Signature
Advisor for civil rights content
1. Title MDT Civil Rights Bureau
2. Address Montana Department of Transportation
PO Box 20109620-1001
3. Signature
Rev. 07/2014
MDT NONDISCRIMINATION
AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation ("MDT") is committed to conducting all of its business in an
environment free of discrimination, harassment, and retaliation. In accordance with State and Federal
law MDT prohibits any and all discrimination on the grounds of race, color, national origin, sex, age,
physical or mental disability, parental/marital status, pregnancy, religion/creed/culture, political belief,
genetic material, veteran status, or social origin/ancestry (hereafter "protected classes"). by its
employees or anyone with whom MDT chooses to do business.
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (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 PARTY, 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. PARTY will provide notice to its employees and the members of the public that it serves
that will include the following:
i. Statement that PARTY does not discriminate on the grounds of any protected
classes.
ii. Statement that PARTY 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 PARTY'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, PARTY 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 PARTY does not discriminate on the grounds of any
protected class.
Page 1 of 4
Rev. 07/2014
(7) Pertinent Non -Discrimination Authorities:
During the performance of this contract/agreement, the PARTY, 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 displaced 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 etseq.), (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 Americans 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;
Page 3 of 4
EXHIBIT A
Scope of Work
Purpose
Given that the majority of traffic collisions are preventable, there is a need for effective education combined with
proactive enforcement to increase motorists' knowledge about traffic safety risk factors, and deter poor driver
choices/behavior. The purpose of this contract is to reduce crashes, injuries and fatalities associated with impaired
driving and lack of proper occupant restraint through High Visibility Enforcement. The Selective Traffic Enforcement
Program (STEP) funds officer overtime so they can conduct traffic patrols to deter impaired driving and occupant
restraint violations. STEP is used to provide High Visibility Enforcement on local high crash corridors and at high-risk
time frames such as rodeos, fairs, and community events that have a history of high fatality rates and injuries caused by
impaired driving and non -seatbelt usage.
Objectives
Provide High Visibility Enforcement through collaboration with other law enforcement agencies during the following:
A. National mobilizations (Winter Holiday, Memorial Day and Labor Day Mobilizations)
B. State high-risk time frames and events (4th of July)
C. Local high-risk time frames and special events (rodeos, County Fairs, Concerts etc.)
III. Use of STEP Funds
A. STEP funds shall only be used for officer overtime patrols focusing on Impaired Driving and Occupant
Protection.
B. STEP funds may be used for OFFICER administrative (report writing and investigative) duties and court
proceedings stemming from DUI arrests made during STEP funded patrols.
IV. Responsibilities
Conduct high visibility traffic enforcement (HVE).
A. STEP grant funds shall be used only for funding overtime shifts and shall not be used to fund base salaries.
B. Only DUI certified officers may participate in STEP overtime patrols.
C. Generate media publicity to enhance the visibility of the extra traffic patrols (see "Earned media" below for
more information).
D. Special focus must be given to impaired drivers and occupants seen not wearing seatbelts.
E. Conduct quarterly saturation patrols during high-risk timeframes ("sustained" enforcement) and mobilization
overtime activities as required.
o A minimum of three patrols must be conducted each quarter.
o A minimum of four additional patrols must be conducted during the national mobilizations and state
high-risk timeframes.
o Each shift should be a minimum of 4 hours long and should not exceed a 12 -hour shift according to
safety guidelines documented by the International Association of Chiefs of Police.
F. We recognize that officers assigned to STEP patrols maybe called away to assist other officers with non -traffic
related duties. If these activities comprise of more than a quarter of the shift, please do not include this time in
the reimbursement request.
G. Coordinate and participate in multi -jurisdictional law enforcement efforts in order to maximize the public's
perception that HVE is underway.
Earned media
The contractor will contact local media outlets such as newspapers, radio stations, and television stations in advance of,
during, and/or after scheduled HVE patrols. This will be done in an effort to make the public aware of the traffic
enforcement activities law enforcement is performing and law enforcement's commitment to traffic safety.
Communication will include acknowledgement of the Montana Department of Transportation's support and funding for
this program.
Public Information & Education Support
The contractor is expected to partner with the media, Traffic Safety Stakeholders and DUI task forces to provide support
and education related to traffic safety.
The State Highway Traffic Safety Section will provide a list of contact names and phone numbers traffic safety
stakeholders such as DUI Task Forces.
V. Implementation Plan & Deliverables
Action item
1.
Use only DUI certified officers for STEP overtime patrols.
2.
Collaborate with nearby law enforcement agencies to schedule High Visibility Enforcement STEP shifts
within the identified targeted enforcement corridors (if applicable). Scheduling should take the
following into consideration:
a. Time of day (when DUI is most likely to occur)
b. Special events
c. Local high risk corridors (based on local data)
3.
Contact local media outlets such as newspapers, radio stations, and television stations in
advance of, during, and/or after scheduled STEP patrols.
4.
Participate in the three national mobilizations:
a. Winter Holiday Season (November 24, 2014—January 1, 2015)
b. Memorial Day mobilization (May 19—lune 1, 2015)
c. Labor Day mobilization (August 15—September 1, 2015)
5.
Participate in the two state/local high-risk timeframes of your choice such as:
The 4th of July holiday weekend and a rodeo, County Fair etc.
6.
Collaborate with MHP's Safety Enforcement Traffic Team (SETT) as necessary.
7.
Collaborate with MHP on investigating over -service as it relates to DUI arrests and crashes.
8.
Submit a tentative plan for STEP patrols by October 30, 2014.
VI. Reporting Criteria
The project director will submit reports to the State Highway Traffic Safety Section as follows:
Report required
Due
Sustained enforcement and Mobilization plans (must be submitted
October 30, 2014
electronically @ https://app.mdt.mt.gov/stepZ )
Period 1 Report October 2014 —January 31, 2015 (Includes Winter
February 15, 2015
Holiday Mobilization) one invoice, two reports
Period 2 Report February— Memorial Day Mobilization 2015
June 15, 2015
one invoice, two reports
Period 3 Report lune — Labor Day Mobilization, 2015
September 15, 2015
one invoice, two reports
Final Report— September, 2015
October 30, 2015
Reports will describe progress in meeting the contract goal and deliverables, and address any challenges or
problems encountered in developing and implementing the programs as agreed upon. Reports will be submitted
electronically @ https://app.mdt.mt.gov/step/)
VII. Reimbursement
Invoicing for reimbursement will be submitted using the online system @ https://app.mdt.mt.gov/step/
Chad Newman
State Highway Traffic Safety Section
Montana Department of Transportation
PO Box 201001
Helena, MT 59620-1001
Phone: (406) 444-0856
Fax: (406) 444-9409
Email chnewman@mt.g
Montana Department of Transportation POBox
Prospect
p p 2701 Prospect avenue
Grant Application Helena, rAT 59620-1001
MDT.TPaget f7 ,2n3 Highway Traffic Safe Funding(406) 444-7417
Page 2 of 7 g Y Safety
Please provide a complete project narrative by completing all the sections below. Be succinct. The total application, including
attachments, should generally not exceed 20 pages. To view what you have entered, click out of the text box and it will expand.
Note: All programs and projects must support Montana's Comprehensive Highway Safety Plan (CHSP)-
The purpose of the CHSP is to provide a data driven, system -wide, comprehensive, collaborative approach to road safety in
Montana. More information is available atwww.mdt.mt.gov/safety/plans-programs/chsp.shtmi.
In this section, include a statement of how your project supports some aspect of the CHSP. At a minimum, this statement should
indicate which CHSP emphasis area(s) are supported by your project. If relevant, also please indicate how your project could
contribute toward or enhance the implementation of specific new strategies within the emphasis area(s).
This projects supports the purpose of the STEP program; To reduce crashes, injuries, and fatalities associated with impaired driving and
lack of seatbelt and child safety seats through high visibility patrol in high crash corridors and arterial roads that feed into high crash
sections. STEP will fund officer overtime to deter impaired driving and occupant protection violations; to provide high visibility patrols to
enforce impaired driving and occupant protection violations; to conduct patrols during high risk time frames for local events, holidays,
and mobilization periods.
Include the most recent data possible. MDT online data resources are available at http://www.mdt.mt.gov/publications/
datastats.shtml#crash. State and local data, not national data, is preferred.
Problem/Need: Focused enforcement efforts to reduce all effects of alcohol related driving and increase seatbelt usage.
Bozeman MDT 2011 Data for alcohol related crashes
Total Crashes: 57
Fatal Crashes: o
Injuries: 20
Alcohol/Drug Crashes: 8.3%
Bozeman MDT data 2011
Crashes: 686
Crashes:176 (25.65 % of total)
Police Department 2013 DUI Arrests: 349 (24% increase from previous year)
Police Department 2013 Seat belt violation citation: 242 (25% decrease from previous year)
The desired long-range effect of your project. This should tie in with the State's highway traffic safety goals as stated in the CHSP and
Highway Safety Plan.
Increase safety on Bozeman streets and highway through enforcement
Increase occupant protection usage and reduce injury from crashes by enforcing seat belt and child seat laws
Reduce alcohol and drug related crashes by arresting alcohol and drug impaired drivers.
Objectives must be specific, measurable, achievable, realistic and have a target date for accomplishment.
Add RowList Objectives
MDT-TPL-003 12113
Page 3 of 7
Montana Department of Transportation
Grant Application
Highway Traffic Safety Funding
PO Box 201001
2701 Prospect Avenue
Helena, MT 59620-1001
(406) 444-7417
Add MW
List Objectives
DelefeRii'
%-
Implement a high visibility traffic enforcement campaign aimed at impaired drivers and occupant protection. Target date of
.
accomplishemenc October 1, 2015
MDT-TPL-003 12/13
Page 4 of 7
Montana Department of Transportation
Grant Application
Highway Traffic Safety Funding
PO Box 201001
2701 Prospect Avenue
Helena, IVIT 59620-1001
(406) 444-741T
a.
Objective
Implement a high visibility traffic enforcement campaign aimed at impaired drivers and occupant protection.
Target
impaired drivers
Population
Occupants not wearing seatbelts
Outcome
Increase occupant protection usage and reduce injury from crashes by enforcing seat belt and child seat laws.
Reduce alcohol and drug related crashes by arresting alcohol and drug impaired drivers.
Evaluation
Patrol Logs/STEP Project Status Report
Add'Row
Activities
Qtr
Responsible Person/Party
Conduct high visibility patrols with a focused enforcement upon
impaired driving and occupant protection during October and
Delete Row
November 2015 during local events, Montana State home football
1st
Captain McManis/Bozeman Police
games, and high risk holidays. Conduct media releases of increased
STEP patrols.
Conduct high visibility patrols during the winter holiday season
Delete A . ow
focusing on impaired driving and occupant protection. Conduct
2nd
Captain McManis/Bozeman Police
media releases of the increased STEP patrols.
Participate in the Memorial Day Mobilization with other local law
enforcement agencies participating in the STEP program (MHP and
F3rd
Captain McManis/Bozeman Police
Gallatin County Sheriffs Office). Concluctjoint media releases with
participating agencies for the mobilization.
Conduct high visibility patrols during the 4th of July season with a
Delete Row
focused enforcement on impaired driving and occupant protection.
3rd
Captain McManis/Bozeman Police
Conduct media release of increased STEP patrols.
Participate in the Labor Day Mobilization with other local law
....,oelete,Row
enforcement agencies participating in the STEP program (MHP and
Captain McManis/Bozeman Police
Gallatin County Sheriffs Office). Conductjoint media releases with
participating agencies for the mobilization.
MT
City of Bozeman Grant Routing Cover Sheet
This form is used in conjunction with Administrative Order 2014-01, adopting the Grant Application and Reception
Policy. When a Department Director signs grant documents under this provision, they are certifying that they
understand the provisions of the grant and its impact on city operations and finances. All the required boxes must be
initialed by the appropriate departments. Use a separate routing sheet for each phase of the grant process. Utilize
assigned grant number for each phase for tracking purposes.
Grant Document Title: Bozeman STEP
Grant # (issued by City Clerk): CQOI 1-0o/u
CFDA # (applies to Federal grants) 20.600, 20.601 & 20.602 Grant Total: `I' 1 5, 000 Grant Match: none
Department: Police
Responsible Staff Member: Cpt• Steve Crawford
Phase of Process: ❑ Notice of Intent Application Fv/] Award/Contract
Date Document Signed:—4110 ) I
y
For all grants under $20,000
Department
City Attorney
Finance Office
City Manager
Original
in value.
Director
Office
- Controller
Signed Grant
*Department Director initials
Documen
verify notification to City
City Cie
Does not require approval on
Not Required
'C/_._
Not Required
Commission meeting agenda
/3
40*7
A l
For all grants over $20,000 in
Department
City Attorney
Finance Office
City Ma er
riginal
value.
Director
Office
Controller
Signed Grant
*Department Director initials
Documents to
verify notification to City
City Clerk
Commission and City Manager
within 30 days of grant
application.
REQUIRES City Commission
Approval
DATE of COMMISSION
MEETING:
Presented by:
1-1 Consent F1 Action
Revised 10/10/2014
i