3. Resolution 5475 - MDOT Grant Acceptance and Budget AppropriationKalispell Municipal Court
PO Box 1997, Kalispell, MT 59903
PHONE: 406-758-7705
Memorandum
TO: Mayor Tammi Fisher
Kalispell City Council
FROM: Heidi Ulbricht, Kalispell Municipal Court Judge
FAX: 406-758-7773
SUBJECT: 2010-11 MDOT DUI Court Implementation Grant (3`d year funding)
MEETING DATE: Monday, January 3, 2011
BACKGROUND: The Kalispell Municipal DUI Court focuses on misdemeanor offenders with
serious substance abuse/addiction problems. Through intensive monitoring, education, and
outpatient treatment, it is our objective to reduce drug and alcohol usage by participating
offenders and their corresponding criminal behavior.
RECOMMENDATION: The Council accept and allow appropriation of the MDOT DUI Court
Implementation Grant in the amount of $112,479.00. The City's match of $42,315.00 is
accomplished by donation of time (Judge, Prosecutor, Coordinator, Law Enforcement and Public
Defender) and office/court space. By accepting the MDOT DUI Court Implementation Grant, an
accountability court structure is put in place. without grant funding, full implementation of a
DUI court alternative is not feasible.
FISCAL EFFECTS: By accepting the MDOT DUI Court Implementation Grant the City's
budget is impacted by an inkind donation of time and office/court space.
Kalispell Municipal Court Judge
ane Howington
Kalispell City Manager
WHEREAS, on August 16, 2010, the City Council adopted Resolution 5444 adopting the
annual appropriations of the City of Kalispell for fiscal year 2010-2011; and
WHEREAS, on December 13, 2010, the City of Kalispell was informed that it was a recipient
of an ongoing grant award from. the Montana Department of Transportation "DI.JI
Court Implementation" grant in the amount of up to $112,479 to continue the DUI
Court Implementation Program.; and
WHEREAS, said funds now available to the City have not been appropriated and an increase of
appropriation authority is needed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY" COIJNC11L OF THE CITY OF
KALIS PELL AS FOLLOWS . -
SECTION EC!TION I. That the City Council hereby accepts the Montana Department of
Transportation "DUI Court Implementation" grant in the amount of up to
$1121479.
SECTION II. That the City Council hereby appropriates up to the sum of $112,479 and
directs the Finance Director to allocate said amount.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. OF
THE CITY OF KALISPELL, TIIIS 3RD DAY OF JANUARY, 2011.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
Kalispell DUI court implementation
2011-02-03-02
STANDARD AGREEMENT
STATE HIGHWAY TRAFFIC SAFETY OFFICE
This Agreement is made and entered into by and between the MONTANA DEPARTMENT OF TRANSPORTATION,
hereinafter called the "Department" and the City of Kalispell hereinafter called the "Grantee." Funds provided are
described in the Catalog of Federal Domestic Assistance (CFDA) number 20.600, State and Community Highway Safety,
awarded by the National Highway Traffic Safety Administration, Department of Transportation as authorized by 23
U.S.C. 402 et seq.
WHEREAS, the Grantee represents that is qualified and able to administer the project, Now,. THEREFORE, it is agreed
that the Grantee shall conduct the project in consideration of the terms, as set forth in Sections I through XX hereof and
attached exhibits. The parties hereto agree as follows:
I - Coordination of Agreement Documents
The provisions and the proposal are intended to be mutually complementary. In case of any discrepancy, provisions of
the Agreement shall prevail over Exhibit B, "Scope of work", and Section XX, "other Provisions" of the Agreement shall
prevail over all others.
II - Purpose, Scope and Methods
The purpose, scope of work and methods of implementation of the contract shall be as described in the attached
proposal Exhibit B.
Refer to Exhibit B for reporting requirements.
III — Reports
IV - Time
This project shall be started by the Grantee within 10 days from the date of execution of this Agreement and shall be
completed no later than September 30, 2011, unless the Department grants express written approval.
V - Agreement Cost
Agreement costs are identified in Exhibit B, Scope of work.
VI - Payment and Audit
Payment by the Department to the Grantee shall be no less than monthly for actual direct and indirect costs incurred in
the performance of the terms and conditions as set forth in this Agreement provided that the total amount shall not
exceed $112,479.00.
Funds may be moved between budget line -items with-prioragpiroval from your assigned program manager.
Reimbursement requests must be submitted to MDT-SHTSO within 30 days following the end of each month. Failure
to comply will result in denial of the reimbursement request.
Final Reimbursement Claim Forms for costs incurred on or before September 30, 2011 must be submitted to the State
Highway Traffic Safety office by November 15, 2011. Failure to comply will result in denial of the reimbursement
request.
If, during the terra 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.
Indirect cost (IDC) must be in accordance with 2 CFR Part 225 (previously OMB Circular A-87) and approved by your
federal cognizant agency. A copy of the IDC approval letter must be submitted to the Department before it can be
accepted. If the Montana Department of Transportation is your organizations primary source of federal funds, then a
copy of your indirect cost plan must be submitted to MDT for review and approval. The percentage rate for indirect
costs shall be maintained for the life of the project.
Project costs must be compatible with the applicable federal requirements from.
Highway safety grant funding policy for NHTSA field administered grants (online at
www.nhtsa.dot.Gov/nhtsa/whatsup/tea21/index.html)and whichever CFR from below applies to your entity
2 CFR Part 215 Uniform Administrative Requirements for Grants and Other Agreements with Institutions of
Higher Education, Hospitals and Oth er Non -Profit Organizations (formerly OMB Circular A-110)
➢ 2 CFR Part 220 Cost principles for educational institutions (formerly OMB Circular A-21)
2 CFR Part225 Cost Principles for state, local, and Indian tribal governments (formerly OMB Circular A-87)
2 CFR Part 230 Cost principles for non-profit organizations (formerly OMB Circular A-122)
Additional guidance to Grantees is available in the Contract Management Manual, located online at
http://www.mdt.mt.gov/publications/docs/rants/Subgrantee manual.pdf. Hard copies are available upon request to
the State Highway Traffic Safety Office.
It is agreed that salary payments to staff members or students on this project will not exceed the amounts normally paid
to such members for regular employment with the Grantee. No "extra compensation" salary can be paid without prior
written approval by the Department. The Grantee shall pay all costs incurred in conducting the work of the project and
shall be reimbursed upon approval by the Department of the Grantee's billings. Invoices detailing the charges and
expenses incurred shall not be submitted more often than once a month. In no event shall the total program payments
exceed the amount obtained by multiplying the percentage for work completed by the total agreement price, less the
amount retained as surety for agreement completions.
Reimbursement will not be made for any costs not clearly and accurately supported by the Grantee's records.
An amount equal to 10 percent of total project costs or $2,000.00 (whichever is less) may be withheld from the final
claim as surety for completion of this Agreement.
Unless waived in Section XX, local government Grantees subject to the authority of the Montana Single Audit Act will
secure an independent audit in compliance with OMB Circular A-133 and submit a copy to Montana Department of
Administration, Local Government Services Bureau, P O Box 200547, Helena, MT, 59620-0547 and the Montana
Department of Transportation, State Highway Traffic Safety office, PO Box 201001, Helena, MT 59620--1001. All other
government and non-profit Grantees will obtain an independent audit in compliance with OMB Circular A-133 and
submit to the Department of Transportation, State Highway Traffic Safety office, PO Box 201001, Helena, MT,, 59620-
1001.
Vil - Source of Funds
Unless otherwise indicated under Section XX, federal funds made available under Public Law 109-59 as amended, with
the appropriate proportion of State snatching funds, shall be used in payment.
Vill - Subcontracting and Special Services
The services of the Grantee will be managed by the Project Director, Heidi Ulbricht. Should the Project Director be
unavailable to answer questions, or if he delegates tasks under this agreement to another person, the point of contact
for the Department, on behalf of the Grantee will be the person identified in the Agreement and Authorization to
Proceed section, page number 7 of this agreement.
The Grantee shall not assign, sublet or transfer any part of this Agreement except by written subcontract, and with the
prior written consent of the Department. Nothing contained within this document shall create any contractual
relationships between any subgrantee and the Department.
IX - Proprietary Rights
The parties to this Agreement agree that if copyrights, patentable discoveries or inventions should result from work of
the Grantee described herein, all rights accruing from such discoveries or inventions shall be the sole property of the
Department.
X - Inspection of work
The Department shall exercise general supervision over the work of the project. The Department and USDOT shall, at all
times, be accorded proper facilities for review and inspection of the work and shall at all reasonable times have access
to the premises and to all data, notes, records, correspondence, instructions and memoranda ❑f every description
pertaining to the work hereunder.
XI - Records
Grantee agrees to provide the Department,. USDOT, the Legislative Auditor or their authorized agent access to any
records concerning this agreement. Grantee agrees to create and maintain all original invoices and records supporting
the services rendered for a period of three (3) years after the completion date of the agreement or the conclusion of any
claim, litigation, or exception relating to this agreement taken by the Department or the third party.
X11- ownership of Data
The ownership of the data collected under this Agreement, together with summaries and charts derived there from,
shall be vested in the Department.
XIII - Insurance Requirement
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 contract period.
Contracts 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.
XIV - Equipment and Instrumentation
All equipment, including tools, for which purchase reimbursement is sought will be used exclusively for traffic safety
purposes and shall remain the property of the Department subject to the following provisions:
1) A 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 purchase.
2) A major item of apparatus or equipment is one with a useful life of more than one year and costing
$5,000.00 or more per unit and must be obtained by proper competitive practices in accordance with State
of Montana purchasing laws and regulations.
3) The Grantee certifies that the equipment costs shown in the Proposal as direct costs are excluded from the
items in the indirect cost calculation, if applicable.
4) The ownership of all equipment or tools built, manufactured or assembled by the Grantee as part of this
Agreement for which parts are purchased and reimbursement is sought shall, upon completion of this
Agreement, become vested in the Department.
5) Title to said equipment will remain with the Grantee for equipment acquired to use for an approved project.
It will remain on hand at conclusion hereof until such time as such equipment ceases to be used in the State
Highway Safety Program. The Grantee agrees to maintain records of such equipment and make such
records and equipment available for inspection by the Department or its authorized representative.
6) The Grantee further agrees to notify the Department as soon as such equipment ceases to be used in the
State Highway Traffic Safety program.
xV - Travel
Costs incurred for out-of-state travel will not be reimbursed without prior consultation and approval by the Department
if not specified in the scope of work in the contract. In the event in -state travel is not specifically provided for in the
Scope of work but becomes necessary, said travel shall also have prior approval by the Department if not specified in
the scope of work. Reimbursement for both in -state and out-of-state travel shall be at state or local government rates,
or as specifically stated in the project Scope of work.
XVl - Publication
Papers, interim or final reports, forms or other materials that are part of this project shall not be copyrighted except
with prior written approval by the Department and USDOT. Except for copyrighting, the Grantee, the Department and
USDOT are free to publish or use the data and results without restriction, after acceptance and publication of the final
report.
XVII - Termination of Contract
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.
XVIII - Legal Relations
The Grantee shall comply with all federal, Montana and local laws and ordinances applicable to the work to be done
under this Agreement.
In the event of litigation over this agreement, venue shall only be in the First Judicial District in and for the County of
Lewis & Clark, Montana, and the documents shall be interpreted according to the laws of Montana.
Grantee agrees to defend, protect, indemnify and save harmless the State of Montana, the Department and USDOT
against and from all claims, liabilities, demands, causes of action, judgments (including costs and reasonable attorney
fees), and losses to them from any cause whatever (including patent, trademark and copyright infringements) from the
Agreement and its execution. This includes any suits, claims, actions, losses, costs or damages of any kind, including the
State's and Department's legal expenses, arising out of, in connection with, or incidental to the Agreement, but does not
include any such suits, claims, actions, costs or damages which are solely the result of the negligent acts, omissions or
misconduct of Department's employees if they do not arise out of, depend upon or relate to a negligent act, omission or
misconduct of Grantee's employees. The Grantee assumes all responsibility for ensuring and enforcing safe working
conditions and compliance with all safety -related rules and regulations for the benefit of its own employees, the
employees of any Subgrantee, and the public. That responsibility includes all duties relating to safety, regardless of
whether any such duties are, or are alleged to be, "nondelegable" (e.g., the Montana Safe Place to work Statute, etc.).
This indemnification is expressly intended by the parties t❑ include any claims, liabilities, demands, causes of action,
judgments (including costs and reasonable attorneys fees), and losses that are, or are alleged or held to be, based upon
a breach by the Department of a nondelegable duty relating to workplace safety for the Grantee's employees, the
employees of any Subgrantee, and the public.
XIX -- Exhibits
The following exhibits are attached to this agreement and considered part of it:
Exhibit A
Assurances and Certifications/Equal opportunity Clause
Exhibit B
Scope of Work
Exhibit C
Reimbursement Claim Form
Exhibit D
Project Status Report Form
xx - other Provisions If ►4pplicable:
None.
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:
Project Director:
1.
Name
Priscilla Sinclair
2.
Title
State Highway Traffic Safety Officer
3.
Address
Montana Department of Transportation
P.O. Box 201001
Helena, MT 59620-1001
4.
Phone
(406) 444--7417
5.
Fax
(406) 444-9409
6.
Email
psinclair@mt.gov
Point of Contact:
1.
Name
Lorelle Demont
2.
Title
Program Manager-- Impaired Driving Prevention Programs
3.
Address
Montana Department of Transportation
P.O. Box 201001
Helena, MT 59620-1001
4.
Phone
(406) 444--7411
5.
Fax
(406) 444-9409
6.
Email
ldemont@mt.gov
Grantee:
Project Director:
1.
Name
Heidi Ulbricht
2.
Title
Municipal Court Judge
3.
Address
City of Kalispell Municipal Court
312 1st Ave E
PO Box 1997
Kalispell MT 59903--1997
4.
Phone
(406) 758-7705
5.
Fax
(406) 758--7773
6.
Email
judge@kalispell.com
Point of Contact:
1.
Name
Thelma Keys -Nicol
2.
Title
DUI Court Coordinator
3.
Address
City of Kalispell Municipal Court
312 1st Ave E
PO Box 1997
Kalispell MT 59903-1997
4.
Phone
(406) 758-7705
5.
Fax
(406) 758-7773
6.
Email
court@kalispell.com
Agreement and Authorization to Proceed
Authorizing official of the Grantee
1. Name Jane Howington
2. Title City Manager
3. Address city of Kalispell
PO Box 1997, Kalispell, IVIT 59903-1997
4. Phone (406) 758-7703
5. Fax
6. Email citymanager@kalispell.com
7. Signature
Delegation of Managing authority
To Project Director:
1. Name
Heidi Ulbricht
2. Title
Municipal Court Judge
3. Address
City of Kalispell Municipal Court
PO Box 1997, Kalispell MT 59903-1997
4. Phone
(406) 758-7705
5. Fax
(406) 758-7773
6. Email
jud 6k
lispell.co
7. Signature
Montana Department of Transportation Approval
1. Dame/Title Jinn Lynch, Director
2. Address Montana Department of Transportation
Po Box 201001, Helena MT 59620-1001.
3. Phone (406) 444-6201
4. Email jilynch@mt.gov
5. Signature
Legal Advisor for contract content
1. Name/Title MDT Counsel, Legal Services
2. Address on
a Department of Transportation
PO Box�201001, Helero MTA�20-1001
3. Signature
Advisor for civil rights content
1. Title MDT Civil Rights Bureau
2. Address Montana Department of Transportation
PO Box 201001 Helena MT 59620-1001
3. Signature As ,
Date
Date
Date
Exhibit A
ASSURANCES AND CERTIFICATIONS
NOTICE TO CONTRACTOR
NON-DISCRIMINATION NOTICE
During the performance of this Agreement, the City of Kalispell (hereinafter in this section, "The
Party"), for itself, its assignees and successors in interest, agrees as follows:
A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL -AID CONTRACTS
(1) Compliance with Regulations: The Party shall comply with all Regulations relative to
nondiscrimination in Federally -assisted programs of the Department of Transportation, 49
Code of Federal Regulations (CFR),. Part 21, as they may be amended (hereafter referred to
as the Regulations), which are incorporated by reference and made a part of this
Agreement, even if only state funding is here involved.
(2) Nondiscrimination: The Party, with regard to the work performed by it during the
Agreement, shall not discriminate on the grounds of sex, race, color, or national origin in
the selection and retention of subcontractors, including procurement of materials and
leases of equipment. The Party shall not participate either directly or indirectly in the
discrimination prohibited by 49 CFR Sec. 21.5.
(3) Solicitations for Subcontracts cluding Procurement of Materials and E ui ment: In all
solicitations, whether by competitive bidding or negotiation by the Party for work to be
performed under a subcontract, including procurement of materials or leases of
equipment, any potential subcontractor or supplier shall be notified by the Party of the
Party's obligations under this Agreement and the Regulations relative to nondiscrimination.
(4) Information and Reports: The Party will provide all reports and information required by the
Regulations, or directives issued pursuant thereto, and permit access to its books, records,
accounts, other sources of information and its facilities as may be determined by State or
the Federal Highway Administration (FHwA) to be pertinent to ascertain compliance with
Regulations or directives. where any information required of the Party is in the exclusive
possession of another who fails or refuses to furnish this information, the Party shall so
certify to the Department or the FHwA as requested, setting forth what efforts it has made
to obtain the information.
(5) Sanctions for Noncompliance: In the event of the Party's noncompliance with the
nondiscrimination provisions of this Agreement, State may impose sanctions as it or the
FHwA determines appropriate, including, but not limited to,
(a) Withholding payments to the Party under the Agreement until the Party complies,
and/or
(b) Cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: The Party will include the provisions of paragraphs (1) through
(6) in every subcontract, including procurement of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The Party will take
such action with respect to any subcontract or procurement as the State or the FHWA may
direct to enforce such provisions including sanctions for noncompliance.. Provided,
however, that in the event the Party is sued or is threatened with litigation by a
subcontractor or supplier as a result of such direction, the Party may request the State to
enter into the litigation to protect the interests of the State, and, in addition, the Party or
$ s 3RfrZ "' 0
the State may request the United States to enter into such litigation to protect the interests
of the United States.
R} COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, SEC. 49-3-207,
MCA
In accordance with Section 49-3-207, MCA, the Party agrees that for this Agreement all hiring will be made
on the basis of merit and qualifications and that there will be no discrimination on the basis of race, color,
religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the
persons performing the Agreement.
C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
1. The Party will comply with all regulations relative to implementation of the AMERICANS WITH
Al I Yi131411 1 M FTATQ9
2. The Party will incorporate or communicate the intent of the following statement in all
publications, announcements, video recordings, course offerings or other program outputs:
"The Party will provide reasonable accommodations for any known disability that may interfere
with a person in participating in any service, program or activity offered by the Party. In the
case of documents, recordings or verbal presentations, alternative accessible formats will be
provided. For further information call the Party."
3. All video recordings produced and created under contract and/or agreement will be closed -
captioned.
D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN
DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR PART 26
Each Agreement the Department signs with a Party (and each subcontract the prime contractor
signs with a subcontractor) must include the following assurance:
The Party, subrecipient or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The Party shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of DDT --assisted contracts. Failure by the Party 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
E) CERTIFICATION REGARDING FEDERAL LOBBYING
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
F)
G)
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 Fora 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.
O *011 : [46 i ,
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.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
1. Instructions for PrimaEy Certification
a. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
g. 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 by the department or
agency entering into this covered transaction, without modification , in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
h. 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.
i. 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.
j. 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.
2. Certi ic°ation Regarding Debarment Sus ension and Other Res onsibilit Matters — Rrimar
Covered Transactions
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
w 3
d. Have not within athree-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
e. 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.
5. The prospective lower tier participant further agrees by submitting this proposal that is 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 louver 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.
S. 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 --tower Tier
Covered Transactions. -
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.
Where the prospective louver tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
H. OTHER REQUIREMENTS:
Failure to comply with applicable Federal statutes, regulations and directives may subject State officials to
civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR
18.12.
Each fiscal year the State will sign these Certifications and Assurances that the State complies with all
applicable Federal statutes, regulations, and directives in effect with respect to the periods for which it
receives grant funding. Applicable provisions include, but not limited to, the following:
! 23 U.S.C. Chapter 4 -- Highway Safety Act of 1966, as amended
49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments
0 23 CFR Chapter 11- (§§12001 1205, 1.206, 125D, 1251, & 1252) Regulations governing highway safety
programs
® NHTSA order 462-6C - Matching Rates for State and Community Highway Safety Programs
® Highway Safety Grant Funding Policy for Field -Administered Grants
Spctinn 402!
The Governor is responsible for the administration of the State highway safety program through a State
highway safety agency which has adequate powers and is suitably equipped and organized (as evidenced by
appropriate oversight procedures governing such areas as procurement, financial administration, and the
use, management, and disposition of equipment) to carry out the program (23 USC 402(b) (1) (A));
The political subdivisions of this State are authorized, as part of the State highway safety program, to carry
out within their jurisdictions local highway safety programs which have been approved by the Governor and
are in accordance with the uniform guidelines promulgated by the Secretary of Transportation (23 USC
402(b) (1) (B));
At least 40 per cent of all Federal funds apportioned to this State under 23 USC 402 for this fiscal year will
be expended by or for the benefit of the political subdivision of the State in carrying out local highway
safety programs (23 USC 402(b) (1) (C)), unless this requirement is waived in writing;
This State's highway safety program provides adequate and reasonable access for the safe and convenient
movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or
replaced on or after July 1, 1976, at all pedestrian crosswalks (23 USC 402(b) (1) (D));
The State will implement activities in support of national high►nray safety goals to reduce motor vehicle
related fatalities that also reflect the primary data -related crash factors within the State as identified by
the State highway safety planning process, including:
* National law enforcement mobilizations,
• Sustained enforcement of statutes addressing impaired driving, occupant protection, and driving
in excess of posted speed limits,
0 An annual statewide safety belt use survey in accordance with criteria established by the
Secretary for the measurement of State safety belt use rates to ensure that the measurements
are accurate and representative,
0 Development of statewide data systems to provide timely and effective data analysis to support
allocation of highway safety resources. (23 USC 402 (b)(1)(E));
The State shall actively encourage all relevant law enforcement agencies in the State to follow the
guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police
that are currently in effect. (23 USC 402(l)).
Cash drawdowns will be initiated only when actually needed for disbursement. 49 CFR 18.20
Cash disbursements and balances will be reported in a timely manner as required by NFITSA. 49 CFR 18.21.
The same standards of timing and amount, including the reporting of cash disbursement and balances, will
be imposed upon any secondary recipient organizations. 49 CFR 18.41.
Failure to adhere to these provisions may result in the termination of drawdown privileges.
The State has submitted appropriate documentation for review to the single point of contact designated by
the Governor to review Federal programs, as required by Executive Order 12372 (Intergovernmental
Review of Federal Programs);
Equipment acquired under this agreement for use in highway safety program areas shall be used and kept
in operation for highway safety purposes by the State; or the State, by formal agreement with appropriate
officials of a political subdivision or State agency, shall cause such equipment to be used and kept in
operation for highway safety purposes 23 CFR 1200.21
The State will comply with all applicable State procurement procedures and will maintain a financial
management system that complies with the minimum requirements of 49 CFR 18.20.
Federal Funding Accountability and Transparency Act
The State will report for each sub -grant awarded:
Name of the entity receiving the award;
Amount of the award;
• Information on the award including transaction type, funding agency, the North American
Industry Classification System code or Catalog of Federal Domestic Assistance number (where
applicable), program source;
• Location of the entity receiving the award and the primary location of performance under the
award, including the city, State, congressional district, and country; , and an award title
descriptive of the purpose of each funding action;
• A unique identifier (DUNS);
• The names and total compensation of the five most highly compensated officers of the entity if--
- of the entity receiving the award and of the parent entity of the recipient, should the entity be
owned by another entity;
0) the entity in the preceding fiscal year received -
(I) 80 percent or more of its annual gross revenues in Federal awards; and(II) $25,000,000
or more in annual gross revenues from Federal awards; and(ii) the public does not have
access to information about the compensation of the senior executives of the entity
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986;
Other relevant information specified by the Office of Management and Budget in subsequent
guidance or regulation.
The State highway safety agency 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 (P.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 (42 USC § 12101, et seq.; PL 101-336), which prohibits discrimination on the basis of
disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; (f) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970(P.L. 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse of alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
§§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application for Federal
assistance is being made; The Civil Rights Restoration Act of 1987, which provides that any portion
of a state or local entity receiving federal funds will obligate all programs or activities of that entity
to comply with these civil rights laws; and, (k) the requirements of any other nondiscrimination
statute(s) which may apply to the application.
The Drug -free Workplace Act of 198801 U.S.C. 702• :
The State will provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
b. Establishing a drug -free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace.
2. The grantees policy of maintaining a drug -free workplace.
3. Any available drug counseling, rehabilitation, and employee assistance programs.
4. The penalties that may be imposed upon employees for drug violations occurring in the
workplace.
C. Making it a requirement that each employee engaged in the performance of the grant be
given a copy of the statement required by paragraph (a).
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will --
1. Abide by the terms of the statement.
2. Notify the employer of any criminal drug statute conviction for a violation occurring in
the workplace no later than five days after such conviction.
e. Notifying the agency within ten days after receiving notice under subparagraph (d) (2)
from an employee or otherwise receiving actual notice of such conviction.
f. Taking one of the following actions, within 30 days of receiving notice under subparagraph
(d) (2), with respect to any employee who is so convicted -
1. Taking appropriate personnel action against such an employee, up to and including
termination.
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency.
g. Making a good faith effort to continue to maintain adrug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f) above.
BUY AMER CA ACT
The State 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 fora of a waiver
request submitted to and approved by the Secretary of Transportation.
POLITICAL ACTIVITY (HATCH ACTT
The State will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose principal employment activities are funded in whole
or in part with Federal funds.
POLICY TO BAN TEXT MESSAGING WHILE DRIVING
In accordance with Executive order 13513, Federal Leadership On Reducing Text Messaging while Driving,
and DOT order 3902.10, Text Messaging while Driving, States are encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashed caused by distracted driving
including policies to ban text messaging while driving ---
a. Company -owned or —rented vehicles, or Government -owned, leased or rented vehicles;
or
b. Privately -owned when on official Government business or when performing any work
on or behalf of the Government.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,
such as —
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
The Governor's Representative for Highway Safety has reviewed the States Fiscal Year highway safety
planning document and hereby declares that no significant environmental impact will result from
implementing this Highway Safety Plan. If, under a future revision, this Plan will be modified in such a
manner that a project would be instituted that could affect environmental quality to the extent that a
review and statement would be necessary, this office is prepared to take the action necessary to comply
with the National Environmental Policy Act of 1959 (42 USC 4321 et seq.) and the implementing regulations
of the Council on Environmental Quality (40 CFR Parts 1500-1517).
EXHIBIT B
Scope of worm
A. Background
On average, each year in Montana, impaired driving is a factor in:
r 10% of all crashes
0 20% of all traffic injuries
® 50% of traffic deaths
The average BAC of those arrested for DUI in Montana is 0.154. This average is based on BAC
information recorded on the 100+ Intoxilyzer 8000 units located around the state over an 18-month
time period from October 2007 - March 2009. This average is lower than in years past, when the
average BAC hovered around 0.18, however it is still twice the legal limit. These high BACs are
indicative of over -consumption.
The economic cost of alcohol abuse in Montana impacts all parts of the economy and is estimated to
cost the state $642 million dollars per year (Economic Costs of Alcohol -Related Vehicle Crashes in
Montana by Dr. Steve Seninger, http://www.bber.umt.edu/pubs/health/CostAlcoholCrashes2010.pdf).
These estimates are based on lost work productivity, alcohol treatment costs, and health care costs of
alcohol -related vehicle fatalities as well as alcohol -related crashes with injuries.
Specialized DUI Courts are a proven method to effectively address community struggles with habitual
DUI offenders. Modeled after the highly successful Drug Court model, DUI courts use the 10 guiding
principles established by the National Association of Drug Court Professionals (NADCP). The principles
rely on a team approach and partnerships to add elements within the court such as screening, clinical
assessment and treatment plan development, mandatory counseling, case management, random drug
and alcohol testing, community supervision, judicial oversight, a graduated sanction/reward structure,
relapse prevention, and a variety of services focused on each individual DUI court client's particular
risk factors and needs. Statistics from operational DUI Courts show that DUI Court offenders are up to
nineteen times less likely to get a new DUI offense than those offenders sentenced by a traditional
court (source: http://www.dwicourts.o[g/learn/about-dwi-courts/``research,).
In September 2009, a DUI court team from the Kalispell Municipal Court attended a 3.5 day training on
the DUI court model, including a visit to an operational DUI court. The training was sponsored and
funded by NHTSA in concert with the National Drug Court Institute (NDCI). The Montana Department
of Transportation provided funding to the City of Kalispell in FFY 2009 to establish the Kalispell Adult
Misdemeanor DUI Court (BAMDUI). The first client was accepted in January 2009. Funding continued
in FFY 2010. This contract represents the third year of funding from MDT for DUI court
implementation in the Kalispell Municipal Court.
B. Purpose
The purpose of the Kalispell DUI Court is to enhance public safety, break the historical cycle of
recidivism and save costs by providing a viable long-term solution to individuals that are unlikely to
respond to more traditional forms of rehabilitation. The court will focus on serving so-called "hard
core" DUI offenders, that is:
0 Individuals with a physical dependency or addiction to alcohol and/or other drugs as
evidenced by high blood alcohol concentration (over 0.15 BAC at time of arrest) and/or
multiple DUI offenses.
® Individuals with criminogenic risk factors that predispose the individual to reoffend (e.g.
early onset of substance abuse or crime, recurring criminal activity, previously unsuccessful
attempts at rehabilitation, deviant peer affiliations, and unstable living arrangements).
C. Goals
1. Maintain a DUI court team that functions effectively according to the DUI court model.
2. Actively recruit appropriate clients into the program, up to a capacity of 25 clients.
3. Graduate 55% or more of clients from the DUI court program.
4. Establish the average cost of involvement in DUI court per participant.
5. Reduce the number of multiple DUI offenders in Flathead County.
D. Implementation plan & deliverables
Acton item ...
Due date`
1.
Adhere rigorously to the 10 guiding principles of DUI/DWI courts as
ongoing
described and adopted by the National Drug Court Institute (NDCI).
2.
Develop a transportation plan for each DUI court participant
within 30 days of admission
detailing how the individual will get to all the DUI court
to the program
requirements, work, etc. Provide a copy to the client and keep a
copy in the judge's social folder on each client.
3.
Submit a copy of the DUI court's policies and procedures, client
within one month of
contract, and client handbook to the SHTSo.
contract execution
4.
Notify SHTSo of any changes to the DUI cou rt's policies and
by or within the quarterly
procedures, client contract, and client handbook.
report following the
change/s
5.
Host an on -site review by the State Drug Court Coordinator.
by March 30, 2011
5.
Provide a written corrective action plan in response to the
within 30 days of receiving
recommendations provided in the site visit report. The plan will
the site visit report
detail individuals responsible and timeframes for initiating and
implementing the recommended changes.
7.
Require participants to provide a portion of costs towards their
ongoing
individualized DUI program. At a minimum, this will consist of a flat
$500 program fee. No more than 50% of the monthly program fees
may be "worked off' in community service hours. Participants are
also required to pay their mandatory minimum fines and
supervision costs as ordered, as well as any drug confirmation
testing costs.
Mandatory contribution from participants has therapeutic benefits,
allowing participants to be empowered having a sense of ownership
through their steps of sobriety and recovery.
8.
All clients will complete the Assessment, Course (Prime for Life) and
ongoing
Treatment program required by MCA 61-8-732.
E. Evaluation
The project director will submit quarterly reports and a year-end report to the State Highway Traffic
Safety office in accordance with the reporting schedule outlined in Section Ill of the contract:
Re ort r nr e u ed
p q
Due.:
First quarter report
January 30, 2011
(covering contract progress in October, November, December 2010)
Second quarter report
April 15, 2011
(covering contract progress in January, February, March 2011)
Third quarter report
July 30, 2011
(covering contract progress in April, May, .tame 2011)
Fourth quarter report's
October 30, 2011
(covering contract progress in July, August, September 2011)
Final report*
October 30, 2011
(covering contract progress from October 2010 --September 2011)
* 4th quarter and final report may be presented separately, or combined and presented as one
report.
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 using the report format provided.
The following information is required in each report;
1. Total number of participants in the court during the quarter and the status of each participant.
2. Details regarding any media coverage (e.g. copies of newspaper articles, date and channel of
television coverage).
3. An assessment of the court's progress in meeting the items outlined in section D — Implementation
Plan and Deliverables. Including in this assessment will be a description of any barriers or problems
with meeting the items outlined in section D.
4. A detailed report on how the DUI court is meeting the intent of the 10 Guiding Principles of
DUI/DWI Courts.
5. Any training received by the DUI court team, including in --service training providing during DUI court
staffing sessions.
6. An updated report from the program evaluator (guiding principle #9). The report will include:
a. A process evaluation of specific performance indicators within the program (as defined by
the DUI court's policies and procedures) such as client sobriety, counseling attendance,
attainment of treatment goals, drug/alcohol test results, court attendance, driver
relicensing and insurance, and the use of ancillary services.
b. The report will also address the functioning of the DUI court team and what Improvements
may be made.
c. The final program evaluation will also address the DUI court"s progress in meeting the goals
outlined in section C — Goals.
< .t 11.E i,,, 4:^��'::i 1ti ��•�'
The project director will maintain regular communication with SHTSO's assigned program manager for
this contract, Lorelle Demont, at (406) 444-7411 or Idemont@mt.gov. The program manager is a
resource for helping solve any problems encountered with the contract.
All reports must be submitted electronically to Lorelle Demont at ldemont@mt.gov.
F. Performance Measures
Successful completion of this contract will assist the state of Montana in achieving the following
performance measures contained in the FFY 2011 Highway Safety Plan:
Alcohol & Impaired Driving
o Reduce the three-year average number of fatalities in crashes involving an alcohol -impaired
driver or motorcycle operator (BAC 0.08+) from 105 in 2007 to 99 by 2013.
o Reduce the three-year average alcohol -impaired fatality rate per 100 million vehicle miles
travelled (driver or motorcycle operator with a BAC 0.08+) from 0.93 in 2007 to 0.88 by
2013.
• Reduce the three-year average number of fatalities in crashes involving a driver ❑r
motorcycle operator with a BAC = 0.01+ from 125 in 2007 to 110 by 2013.
• Reduce the three-year average number of fatalities in crashes involving a driver or
motorcycle operator with BAC = 0.01+ as a percent of all fatalities from 47.4% in 2007 to
42% by 2013.
Safety Belt Use
Increase the annual statewide seat belt use for outboard, front seat vehicle occupants from
79.2% in 2009 to 87% by 2013.
G. Project Budget
Contracted Services
Program evaluator
Probation/compliance officer (incl.
liability insurance)
Licensed addiction counselor
Supplies &Materials
Drug/alcohol testing
SCRAM monitoring fees
Other direct costs
Travel related to training
DCCM
TOTALS
12,Dfl4.DD
18,720.00
18,72D.DC
56,215.00
1,824.00
5100C.Do
$112,479.00
Participant fees
DUI Court participant fees collected by the Kalispell Municipal Court should be used to offset expenses
associated with the DUI court, such as drug/alcohol testing and community service participation
expenses. The court will maintain a tracking system for the collection and usage of the DUI court
participant fees, and provide a summary to MDT along with their monthly requests for
reimbursement.
Note: All project personnel receiving reimbursement through federal funds in support this project are
required to wear seat belts and obey traffic laws while on official business of this project.
If during the term of this agreement, federal funds become reduced or eliminated, the Department may
immediately terminate or reduce the grant award upon written notice to the project director.
Contractor and other contributions
City of Kalispell
Municipal Court Judge Heidi Ulbricht
Court Administrator Thelma Keys -Nicol
Prosecuting Attorney Richard Hickel
Law Enforcement officer Kevin McCarvel
Public Defender
Rent
Telephone, computer, fax machine, copier, video access
Total contributions
91785.Do
7,240.00
9,857.00
8,115.00
7,318.00
0.00
0.00
$ 42,315.00
Exhibit C
State Highway Traffic Safety Office Questions? (406) 444-3675 or 444-6291
Montana Department of Transportation Fax (406) 444-9409
PO Box 2010011, Helena MT 59620-1001
HIGHWAY TRAFFIC SAFETY PROJECT REIMBURSEMENT CLAIM FORM
Submitted herewith for payment are expenditures, including copies of invoices, made in conjunction with
the City of Kalispell for State Highway Traffic Safety contract #2011-02-03-02 Kalispell DUI Court
implementation for the period of activity from <date> to <datex
Send payment for this claim to: Attn: name
entity
mailing address
city. MT zip
My taxpayer identification # is: 81-xxxxxxx
Starting contract balance: $
1)
Personal Services
$
[Click here and type amount]
a) Salaries
b) Benefits
$
[Click here and type amount]
2}
Contracted Services
$
[Click here and type amount]
(includes professional & nonprofessional services provided by non -
government employees. May include trainer fees, graphic artist,
professional color printing, etc.)
3)
Supplies & Materials
$
[Click here and type amount]
Does not include equipment. May include evaluation materials,
postage, training materials, printer supply costs, etc.)
4)
other Direct Costs
$
[Click here and type amount]
aj Travel Expenses (at applicable state rates)
$
[Click here and type amount]
b) Equipment Purchases (includes purchase of small items such
$
[Click here and type amount]
as laptop computers, radar, PBTs, etc. Requires SHTSO approval
prior to purchase.)
5 i
Indirect Costs
$
[Click here and type amount]
TOTAL COSTS
$
0
Note: to update total costs, place cursor on total amount and press F5
Ending contract balance: $
I hereby certify that in accordance with the laws of the State of Montana and under the terms of the
approved program listed above the actual costs claimed have been incurred for the purposes specified, that
no claim has been presented to or payment made by the United States for actual cost reimbursement
claimed herein. supporting documentation, including time slips, invokes, disbursement vouchers, etc. are
attached. originals are maintained by Grantee and available for audit.
Date
Project Director's Signature
(must match signature in contract)
IMMISP
Kalispell DUI court implementation Quarterly report
Montana Department of Transportation Contract# 2011-02-03-02 FFY 2011
Q1: Oct 1 —Dec 31. 2010
Q2: Jan 1-- Mar 31.2011
Q3: Apr 1--Jun 30, 2011
Q4: Jul 1— Sep 30, 2011
At the beginning of the contract term, the DUI court team consisted of the following:
I. Judge: name
2. DUI court coordinator: name
3. Treatment representative: name
4. Probation/compliance officer: name
5. Prosecutor: name
6. Defense counsel: name
7. Law enforcement representative: name
8. Expert in research & evaluation: name
Please describe any changes in the eight --member core DUI court team. Describe how the new team
member has received or will receive proper training in the DUI court model.
QI:
Q2:
Q3:
Q4:
Year-end summary:
The DUI Court provides ail DUI court participants with a strong occupant protection message. As part of
their DUI court contract, participants will be required to commit to seatbelt use when traveling in a motor
vehicle, and to transport children in child safety seats that are appropriate for their height and weight.
Please describe how this was accomplished and how the message is reinforced during DUI court
participation.
Q1:
Q2:
Q3:
Q4:
4 •
a
Yearend summary:
DUI court participants
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The DUI court is required to adhere rigorously to the 10 guiding principles of DUI/DWI courts as described
and adopted by the National Drug Court Institute (NDO).
Progress..re ort p
GUIDING PRINCIPLE #1: Determine the population. Targeting is the process of identifying a subset of the DWI offender
population for inclusion in the Dill court program. This is a complex task given that DWI courts, in comparison to traditional
drug court programs, accept only one type of offender: the person who drives white under the influence of alcohol or drugs.
The DWI court target population, therefore, must be clearly defined, with eligibility criteria clearly documented.
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GUIDING PRINCIPLE #2: Perform a clinical assessment. A clinically competent objective assessment of the impaired -driving
offender must address a number of biopsychosocial domains including alcohol use severity and drug involvement, the level of
needed care, medical and mental health status, extent of social support systems, and individual motivation to change.
Without clearly identifying a client's needs, strengths, and resources along each of these important biopsychosocial domains,
the clinician will have considerable difficulty in developing a clinically sound treatment plan.
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GUIDING PRINCIPLE #3: Develop the treatment plait. Substance dependence is a chronic, relapsing condition that can be
effectively treated with the right type and length of treatment regimen. In addition to having a substance abuse problem, a
significant proportion of the DWI population also suffers from a variety of co-occurring mental health disorders. Therefore,
DWI courts must carefully select and implement treatment practices demonstrated through research to be effective with the
hard-core impaired driver to ensure long -terra success.
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GUIDING PRINCIPLE #4: Supervise the offender. Driving while intoxicated presents a significant danger to the public.
Increased supervision and monitoring by the court, probation department, and treatment provider must occur as part of a
coordinated strategy to intervene with repeat and high -risk DWI offenders and to protect against future impaired driving.
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GUIDING PRINCIPLE #S: Forge agency, organization, and community partnerships. Partnerships are an essential component
of the DWl court model as they enhance credibility, bolster support, and broaden available resources. Because the DW1 court
model is built on and dependent upon a strong team approach, both within the court and beyond, the court should solicit the
cooperation of other agencies, as well as community organizations to form a partnership in support of the goals of the DWI
court program.
Progress notes (Include names titles of those invited to attend DUI court sessions and those who attended and the
date, as well as any outreach conducted by the DUI court team members.)
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GUIDING PRINCIPLE #6: Fake a judicial leadership role. Judges are a vital part of the DWI court team. As leader of this team,
the judge's role is paramount to the success of the Drug court program. The judge must also possess recognizable leadership
skills as well as the capability to motivate team members and elicit buy -in from various stakeholders. The selection of the
judge to lead the DWI court tear, therefore, is of utmost importance.
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GUIDING PRINCIPLE #i: Develop case management strategies. Case management, the series of inter -related functions that
provides for a coordinated team strategy and seamless collaboration across the treatment and justice systems, is essential for
an integrated and effective DWI court program.
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GUIDING PRINCIPLE #S: Address transportation issues. Though nearly every state revokes or suspends a person's driving
license upon conviction for a DUI offense, the loss of driving privileges poses a significant issue for those individuals involved in
a DWI/Drug Court program. In many cases, the participant solves the transportation problem created by the loss of their
driver's license by driving anyway and taking a chance that he or she will not be caught. With this knowledge, the court must
caution the participant against taking such chances in the future and to alter their attitude about driving without a license.
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GUIDING PRINCIPLE #9: Evaluate the program. To convince "stakeholders" about the power of DWI court, program designers
must design a DWI court evaluation model capable of documenting behavioral change and linking that change to the
program's existence. A credible evaluation is the only mechanism for mapping the road to program success or failure. To prove
whether a program is efficient and effective requires the assistance of a competent evaluator, an understanding of and control
over all relevant variables that can systematically contribute to behavioral change, and a commitment from the DWI court
team to rigorously abide by the rules of the evaluation design.
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GUIDING PRINCIPLE #10: Ensure a sustainable program. The foundation for sustainability is laid, to a considerable degree, by
careful and strategic planning. Such planning includes considerations of structure and scale, organization and participation
and, of course, funding. Becoming an integral and proven approach to the DWI problem in the community however is the
ultimate key to sustainability.
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Contract deliverables & milestones
If an action item will not be completed on schedule, indicate a timeframe for completion in the progress
notes, and the reason for the delay. If an action item is not applicable this quarter, please indicate N/A.
Acton ;item
Due date
1. Adhere rigorously to the 10 guiding principles of DUI/DWI courts as
ongoing
described and adopted by the National Drug Court Institute (NDCI).
Progress notes: See above.
2. Develop a transportation plan for each DUI court participant detailing how
within 30 days of admission
the individual will get to all the DUI court requirements, work, etc. Provide
to the program
a copy to the client and keep a copy in the judge's social folder on each
client.
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3. Submit a copy of the DUI court's policies and procedures, client contract,
within one month of contract
and client handbook to the SHTSO.
execution
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4. Notify SHTSO of any changes to the DUI court's policies and procedures,
by or within the quarterly
client contract, and client handbook.
report following the changes
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5. Host an on --site review by the State Drug Court Coordinator.
by March 30, 2011
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0. Provide a written corrective,action plan in response to the
within 30 days of receiving
recommendations provided in the site visit report. The plan will detail
the site visit report
individuals responsible and timeframes for initiating and implementing the
recommended changes.
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7. Require participants to provide a portion of costs towards their
ongoing
individualized DUI program. At a minimum, this will consist of a flat $500
program fee. No more than 50% of the monthly program fees may be
"worked off' in community service hours. Participants are also required to
pay their mandatory minimum fines and supervision costs as ordered, as
well as any drug confirmation testing costs.
Mandatory contribution from participants has therapeutic benefits,
allowing participants to be empowered having a sense of ownership
through their steps of sobriety and recovery.
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8. All clients will complete the Assessment, Course (Prime for Life) and
Treatment program required by MCA 61-8-732.
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Describe any media coverage received (without charge) during the period. Attach copies of press clippings,
press releases, media advisories, tapes of coverage, television and radio scripts, etc..
Year-end summary:
Any training received by the DUI court team, including in-service training providing during DUI court
staffing sessions.
Q1:
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t �..y i.� � . r �✓ S
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Activities planned for the upcoming quarter
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Any other relevant information
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Year-end summary:
Submitted on <date> via a --mail to Lorelle Demont at State Highway Traffic Safety Office.
Judge Heidi Ulhricht, Project Director