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4. Resolution 5476 - MDOT Grant Acceptance and Budget AppropriationKALISPELL POLICE DEPARTMENT 312 1 STAVE EAST —PCB BOX 1997 — KALISPELL, MT 59903 'Thl-wol TELEPHONE (406) 758-7780 —Fax (406) 758-7749119 E-MAIL - KPDgKALISPELL-COM Valtilos./Y1V MEMORANDUM TO: Honorable Mayor and City Council FROM: Roger basset, Chief of Police SUBJECT: STEP Contract #2011-02-06-24 Award MEETING DATE: January -3,2011 BACKGROUND: The police department applied for and received a grant of $50,000 from the Montana Department of Transportation for our Selective Traffic Enforcement Program. We have been participating in this program since the late 1970's. The Kalispell Police Department has several times received State recognition for being the statewide top performer in the mission to apprehend impaired drivers and to promote seatbelt usage. FISCAL IMPACT: There are no matching funds required. RECOMMENDATION: The City of Kalispell accept the STEP contract in an amount not to exceed $50,000. Respectfully submitted, ogert-Nim�asset, chief of Police Jane Howington, City Manager ROGER NASSET. CHIEF OF POI-.-..I(-,F * ROGFR KRA[.-J-c;-c;, A�,c;i-1;TANT CHIEF OfF 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 8, 2010, the City of Kalispell was informed that it was a recipient of an ongoing grant award from the Montana Department of Transportation "Selective Traffic Enforcement Program." grant in the amount of up to $50,000 to continue to fund overtime to provide high visibility traffic enforcement; and ES, 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 COUNCIL OF THE CITY OF KALIS PELL AS FOLLOWS: : SECTION I. That the City Council Transportation "Selective amount of up to $50,000. Hereby accepts the Montana Department of Traffic Enforcement Program" grant in the SECTION II. That the City Council hereby appropriates up to the sum of $50,000 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, THIS 3 RD DAY OF JANUARY, 2011. Tani Fisher Mayor IOyu9&3s Theresa White City Clerk Kalispell STEP 2011-02-06-24 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 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", and 20.601, "Alcohol Traffic Safety and Drunk Driving Prevention Incentive Grants" awarded by the National Highway Traffic Safety Administration, Department of Transportation as authorized by 23 U.S.C. 402 and 23 U.S.C. 410 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. III — Reports Refer to Exhibit B for reporting requirements. 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 more than monthly nor less than quarterly for actual direct and indirect costs incurred in the performance of the terms and conditions asset forth in this Agreement provided that the total amount shall not exceed $50,000.00. Funds may be moved between budget line -items with prior approval from your assigned program manager. Reimbursement requests must be submitted to MDT-SHTSO within 30 days following the end of each quarter. 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 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. 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 organization's 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) ➢ 2 CFR Part 215 Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (formerly OMB Circular A-110) ➢ 2 CFR Part 220 Cost principles for educational institutions (formerly OM BCircular A-21) 2 CFR Part225 Cost Principles for s to te, local, and Indian tribal governments (formerly OMB Circular A-87) ➢ 2 CFR Part230 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 htt www.mdt.mt. ov ublications docs rants Sub rantee manual. df. 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 Q 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. V11 - 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 matching funds, shall be used in payment. V111- Subcontracting and Special Services The services of the Grantee will be managed by the Project Director, Roger Nasset. 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 2 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 JSDOT 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 of 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. HII - 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: 133) 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. 134) 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. 135) 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. 136) 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. 137) 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 3 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. 138) 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. XVI - 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 USDDT. Except for copyrighting, the Grantee, the Department and USDDT are free to publish or use the data and results without restriction, after acceptance and publication of the final report. Xvll - 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. Xvlll - 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 USDDT 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 to include any claims, liabilities, demands, causes of action, judgments (including costs and reasonable attorney's 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 (6 pages) Exhibit B Scope of Work Exhibit C Reimbursement Claim Form Exhibit D Mobilization Report Form None. Exhibit E Sustained Enforcement Reporting Form Exhibit F Final Report Exhibit G Labor and Memorial Day Mobilization Plans Exhibit F Sustained Enforcement Plan XX - other Provisions if Applicable: '61 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 Angie Mullikin 2. Title Grants Accountant -Acting Law Enforcement Liaison 3. Address Montana Department of Transportation P.O. Box 201001 Helena, MT 59620-1001 4. Phone (406) 444-7301 5. Fax (406) 444-9409 6. Email amullikin@mt.gov Grantee: Project Director: 1. Dame Roger Nasset 2. Title Chief of Police 3. Address 312 1st Ave E Kalispell, MT 59901 4. Phone 758-7780 5. Email rnasset@kalispell.com Point of Contact: 1. Name wade Rademacher 2. Title Lieutentant 3. Address 312 1st Ave E Kalispell MT 59901 4. Phone 758-7792 5. Fax 6. Email wader@kaIispell.com C01 Agreement and Authorization to Proceed Authorizing official of the Grantee 1. Name Jane Howingtor 2. Title City Manager 3. Address P 0 Box 1997 Kalispell MT 59901 4. Phone 758-7701 5. Email jhowington@kalispell.com 6. Signature Date Delegation of Managing authority To Project Director: 1. Name Roger Nasset 2. Title Chief of Police 3 . Address 312 1st Ave E Kalispell MT 59901 4. Phone 758-7780 5. Email rnasset@kalispell.com 6. Signature Date Montana Department of Transportation Approval 1. Name/Title Jim 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 Date Legal Advisor for contract content 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 Exhibit A ASSURANCES AND CERTIFICATIONS NOTICE TO CONTRACTOR NON-DISCRIMINATION NOTICE During the performance of this Agreement, 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 Including 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 Part will provide ' _. y p o de 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, (w) 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 procure- ment 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 the State may request the United States to enter into such litigation to protect the interests of the United States. B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, SEC. 49-3-247, 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) No 67) The Party will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. 68) 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." 69) 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 F) 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 DOT -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 CERTIFICATION REGARDING FEDERAL LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 67) 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. 68) 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 Form to Report Lobbying," in accordance with its instructions. 69) 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. 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. X Gj 1) instructions for Prima Certification mmmmmrnmmm. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. nnnnnnnnn. 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. 000000000. 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. ppppppppp. 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. qqqqqqqqq. 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. rrrrrrrrr. 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. sssssssss. 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. ttttttttt. 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. uuuuuuuuu. 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. vvvvvvvvv. 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) Certification Regardinq Debarment, Suspension, and Other Responsibility Matters —Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that its principals: ggggg. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; hhhhh. 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; iiiii. 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)4b) of this certification; and jjjjj. 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. kkkkk. 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 199) By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 200) 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. 201) 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. 202) 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. 203) 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. 204) 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) 205) 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. it 205} 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. 207) Except for transactions authorized under paragraph S 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 under48 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: 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 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. 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 * 23 CFR Chapter If -- (§§1200,1205, 1206, 1250,1251, & 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 Sp-r_tinn 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) (13)); 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) (Q, unless this requirement is waived in writing; �17M 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 afterluly 1, 1976, at all pedestrian crosswalks (23 USC 402(b) (1) (D)); The State will implement activities in support of national highway 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, • 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, • 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(1)}. 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 NHTSA. 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: 0 Name of the entity receiving the award; 0 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; 1� (i) 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. §§ 1681-16831 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 1988 41 U.S.C. 70 The State will provide a drug -free workplace by: 1) 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; 2) Establishing adrug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace. b. The grantee's policy of maintaining a drug -free workplace. c. Any available drug counseling, rehabilitation, and employee assistance programs. d. The penalties that may be imposed upon employees for drug violations occurring in the workplace. 3) 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). 4) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- a. Abide by the terms of the statement. b. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no 14 later than five days after such conviction. 5) Notifying the agency within ten days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. 6) 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 - a. Taking appropriate personnel action against such an employee, up to and including termination. b. 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. 7) 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 AMERICA 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 form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) 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: 45) 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. 46) 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. ENVIRONMENTAL IMPACT The Governor's Representative for Highway Safety has reviewed the State's 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 1969 (42 USC 4321 et seq.) and the implementing regulations of the Council on Environmental Quality (40 CFR Parts 1500-1517). 15 Exhibit B Scope of work UUUUUUU. Background On average, each year in Montana, impaired driving is a factor in: ® 10Ia of all crashes ® 20 of all traffic injuries 0 50% of traffic deaths The average BAC of those arrested for DU[ 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. Observed seatbelt use in Montana has been stable far the last 5 years at around 80%. However, approximately 70% of fatalities were not buckled at the time of the crash. Proper enforcement is a precursor to effective prosecution, both of which are important elements for deterring driving under the influence (DUI) and increasing proper seatbelt and child restraint usage. vvvvvvv. Purpose 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 in order to provide dedicated traffic patrols. STEP is used to provide High Visibility Enforcement on high crash corridors and at high -risk time frames such as rodeos, fairs, and other community events that have a history of high fatality rates and injuries caused by impaired driving and non-seatbelt usage. This serves as a deterrent to motorists to help prevent traffic violations such as impaired driving and the non --use of seatbelts. Since Montana has a secondary seatbelt law, stopping those drivers exhibiting the signs of impairment allows law enforcement the opportunity to ticket those same drivers and their passengers for not wearing seatbelts. Speed related stops by lave enforcement can lead to citing drivers for impaired driving and occupant restraint violations. wwwwwww. Objectives 23) Provide High Visibility Enforcement through collaboration with other law enforcement agencies during the following: 000. national mobilizations ppp. state mobilizations qqq. high -risk time frames and events XXXXXXX. Responsibilities This contract funds law enforcement personnel to cite drivers for impaired driving and for any occupant seen not wearing his or her seatbelt. This is accomplished through sustained and mobilization overtime activities conducted by law enforcement. Sustained enforcement shifts are to be conducted in a multi -jurisdictional effort in order to maximize High Visibility Enforcement. All enforcement hours under this contract are completed on overtime and not during regular hours. when possible, law enforcement will spend at least 50% of their time enforcing impaired driving violations and 50% of their time enforcing seatbelt usage violations during the same traffic stop. 17 Law enforcement, as necessary, shall also cite motorists for other traffic related violations during the same stop. This strategy applies during both sustained enforcement timeframes and during national mobilizations. Since Montana has a secondary seatbelt law, stopping those driving impaired allows law enforcement the opportunity to ticket those same drivers for occupants not wearing their seatbelts. Law enforcement shall also cite motorists for speeding violations. Speeding related traffic stops can lead to citing impaired drivers and occupant restraint violations. Public Information & Education Support: The contractor is expected to partner with the media, traffic safety stakeholders including DUI task forces to provide support and education related to traffic safety. The contractor will contact local media outlets such as newspapers, radio stations, and television stations in advance of, during, and/or after scheduled High Visibility Enforcement (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. For Example: • Invite Traffic Safety advocates and DUI Task Forces to roll-calls/staff meetingsJdaily briefings (A roll -call is usually a daily occurrence where administrators communicate with their rank- and file officers about the days' events. ) s Attend Traffic Safety Stakeholders and DUI Task Force events/training pertaining to law enforcement when feasible and if officers are available (for example, Responsible Alcohol Server Training) Assist community leaders in creating Traffic Safety Stakeholders and/or a DUI Task Force if one is not present in each respective district/jurisdiction. Participate in DUI court activities, including staffing, court sessions, and home visits. The SHTSO will provide the MHP a list of contact names and phone numbers for entities such as Traffic Safety Stakeholders and DUI Task Forces. YYYYYYY. Implementation plan Action item 221. Use whenever possible DUI certified officers for STEP patrols. 222. Use targeted enforcement corridors jointly identified by MDT and MHP, if applicable. Please refer to Attachment A. 223. Work with SHTSO Law Enforcement Liaison, MHP District Commander, and/or SHTSO Operations Research Analyst to schedule STEP shifts within the identified targeted enforcement corridors (if applicable). This includes: cccccc. Time of day (when DUI is most likely to occur) dddddd. length of shift eeeeee. Special events within proximity to high crash enforcement corridors ffffff. focal high risk corridors identified by local data 224. Conduct sustained enforcement activities at least 3 shifts per quarter. A shift is considered to be a four-hour overtime shift. 225. Participate in the two national mobilizations: gggggg. Memorial Day mobilization (May 23 —June 5, 2011) hhhhhh. Labor Day mobilization (August 19 —September 5, 2011) r: ........._... _.............. _...... _._..._......m............. ........ _..... ............ ...... _._............. _m..... ...... .... .... ................ __......................... _._._...... _....... _..._._.. 226. Participate in the two state mobilizations: ss. Winter Holiday Season (November 19, 2010 —January 2, 2011) tt. 4th of July Season (June 27 --July 5, 2011) 227. Work with M HP Roving Patrol unit (if applicable) to provide local enforcement support on streets that feed traffic into the corridors patrolled by the Roving Patrol unit. 228. Contractor will contact local media outlets such as newspapers, radio stations, and television stations in advance of, during, and/or after scheduling STEP patrols. 229. Submit a tentative plan for STEP patrols using Exhibits G and H by December 31, 2010. 230. Blood Alcohol Content (BAC) Testing: MDT will apply for additional grant monies to continue funding law enforcement related traffic safety programs but must meet additional criteria to qualify. One of these criterion require states, including Montana, to increase their SAC testing rare among drivers involved in fatal motor vehicle crashes by at least 1 percentage point each year. we request that all law enforcement agencies increase efforts to conduct this testing and report this information through the appropriate channels. Contacts: Angie Mullikin, SHTSO Law Enforcement Liaison: 406-444-7301; email amullikin@mt.gov mt.gov Danielle Murphy, SHTSO operations Research Analyst: 406-444-3430; e-mail dmurphy@mt.gov IMPORTANT. 1f a deviation fro►n the plan is necessary during FFY 2011, please send can e-mail to Angie Mullikin a ulli ingmt. gov to the proposed change... ........................................................................... .. . . . ... . . . . ... .. ... . . . 2222222. Deliverables The project director will submit reports to the State Highway Traffic Safety Office as follows: Repvrtng iiQqurements .. Due Sustained enforcement and Mobilization plans: Exhibits G (Labor December 31, 2010 Day and Memorial day) First quarter report: Exhibit E January 30, 2011 (covering contract progress in October, November, December 2010) Second quarter report: Exhibit E April 15, 2011 (covering contract progress in January, February, March 2011) Third quarter report: Exhibit E July 30, 2011 (covering contract progress in March, April, May, June 2011) Mobilization report: Exhibit D June 13, 2011 (covering the Memorial Day mobilization) Fourth quarter report: Exhibit E October 30, 2011 (covering contract progress in July, August, September 2011) Mobilization report: Exhibit D September 12, 2011 (covering the Labor [lay mobilization) Final report: Exhibit F October 30, 2011 (covering contract progress from October 2010 - September 2011) 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. 19 The project director is encouraged to maintain regular communication with SHTSO's assigned program manager for this contract, Angie Mullikin, at (406) 444-7301 or amullikin@mt.gov. The program manager is a resource for helping solve any problems encountered with the contract. All reports must be signed and submitted in hard copy, with an electronic copy as follows: send hard co....... ...py report to: .send electronic copy of report to: amullikin@mt.gov State Highway Traffic Safety office Montana Department of Transportation amullikin!mt. _ ov Po Box 201001 Helena, MT 59620-1001 AAAAAAAA. Project Budget 23. Personal Services Salaries &benefits (overtime wages) Total budgeted costs $ 50,000 BBBBBBBB. 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: Safety Belt Use ® Annual statewide outboard front seat occupant safety belt utilization for all roads. Increase from 79.2% during 2009 to 87% by 2013. (B-1 ® Annual statewide driver safety belt utilization for all roads. Increase from 79.1% during 2009 to 87% by 2013. (B-2) Corresponds to the NHTSA core behavior measure B-1. ® Average number of unrestrained occupant fatalities. Reduce the five-year average from 143 during 2008 to 135 by 2013. (B-3) Corresponds to the NHTSA core outcome measure C 4. ® Average percent of unrestrained occupant fatalities. Reduce the five-year average from 71.1% during 2008 to 67.5% by 2013. (B-4) Alcohol & Impaired Driving ■ Average number of fatalities in crashes involving aalcohol-impaired driver or motorcycle operator (BAC 0.08+). Reduce the three-year average from 105 during 2007 to 99 by 2013. (C-1) Corresponds to the NHTSA core outcome measure G 5. ■ Average alcohol -impaired (driver BAC 0.08+) fatality rate (per 100 Million Vehicle Miles of Travel). Reduce the three- year average from 0.93 during 2007 to 0.88 by 2013. (C-2) ■ Average number of alcohol- and drug -related fatalities (driver BAC 0.01+). Reduce the three-year average from 125 during 2007 to 110 by 2013. (C-3) ■ Average number of alcohol- and drug -related fatalities (driver BAC 0.01+) as a percent of all traffic fatalities. Reduce the three-year average from 47.4%during 2007 to 42% by 2013. (C-4) Native American Crashes 20 ■ Average Native American traffic fatalities. Reduce the five-year average of 40 during 2008 to 30 by 2013. (D-1) ® Average Native American traffic fatalities as a percent of all Montana traffic fatalities. Reduce the five-year average from 15.7% during 2008 to 13% by 2013. (D-2) Single vehicle Run -off -the --Road Crashes ■ Total annual single vehicle run -off -the -road crashes. Reduce single vehicle run -off -the -road crashes from 6,740 during 2008 to 6,000 single vehicle run -off -the -road crashes by 2013. (E-1) ■ Average single vehicle run -off -the -road fatal crashes. Reduce the three-year average of single vehicle run -off -the -road fatal crashes from 137 during 2008 to 120 by 2013. (E-2) Young Driver Crashes ■ Average young driver crash rate (per 1,000 licenses). Reduce the three-year average of under 21 year old drivers involved in crashes from 118 per 1,000 licenses during 2008 to 115 by 2013. (G-1) ■ Average young driver fatal crash rate (per 1,000 licenses). Reduce the three-year average of under 21 year old drivers involved in fatal crashes from 0.61 during 2008 to less than 0.57 by 2013. (G-2) ■ Average number of drivers age 20 or younger involved in fatal crashes. Reduce the three-year average of drivers age 20 or younger involved in fatal crashes from 34 during 2008 to 28 by 2013. (G-3) Corresponds to the NHTSA core outcome measure G9. (High Crash Corridors/High Crash Locations ■ Average fatalities in high crash locations. Reduce fatalities from 17 during 2008 to 15 by 2013. (H-1) a Average incapacitating injuries in high crash locations. Reduce incapacitating injuries from 115 during 2008 to 100 by 2013. (H-2) ■ Average crashes in high crash locations. Reduce the three-year average of crashes from 977 during 2008 to 925 by 2013.(H-3) Truck Crashes ® Total annual crashes involving trucks. Reduce crashes involving trucks from 1,212 during 2008 to 1,150 crashes by 2013. ■ Average fatal crashes involving trucks. Reduce five-year average of fatal crashes involving trucks from 24 during 2008 to 20 by 2013. (I-2) Motorcycle Crashes ■ Average motorcycle fatal crashes. Reduce motorcycle fatal crashes from the five-year average of 29 during 2008 to 24 fatal crashes by 2013. (L-1) • Average number of motorcyclist fatalities. Reduce motorcyclist fatalities from the five-year average of 30 during 2008 to 25 by 2013. (L-2) Corresponds to the NHTSA core outcome measure G7. ■ Average number of unhelmeted motorcyclist fatalities. Reduce the five-year average of unhelmeted motorcyclist fatalities from 17 during 2008 to 14 by 2013. (L-3) Corresponds to the NHTSA core outcome Speed Control ■ Average number of speeding -related fatalities. Reduce the three-year average from 94 during 2008 to 85 by 2013. (N-1) Corresponds to the NHTSA core outcome measure C-6. ® Average percent of speeding -related fatal crashes. Reduce the five-year average from 37.9% during 2008 to 35% by 2013. (N-2) 21 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. 0-44 1 2 3 4 5 d 7 8 9 10 11 12 13 14 15 16 Attachment A FFY 2008 - MDTIMHP Identified Montana High crash corridors Roadway Town (from -to) Mile marker (from -to) Highway 93 Hamilton -Missoula -Whitefish 50-90; 0-125 Secondary Highway 269 Hamilton -Stevensville 0-20 Secondary Highway 203 Stevensville -Florence 0-w12 Highway 2 Kalispell -west Glacier 121-153 Interstate 90 9-Mile Interchange -Clinton 82.6-120 Interstate 90 Manhattan -Bozeman Pass/Hill 289-321 Highway 191 Big Sky -Four Garners 48--82 Highway 85 Four Corners --Belgrade 0-6.6 Interstate 90 Laurel--Pmehill Interchange 434-w457 Highway 212 Rockvale-Laurel 42-54 Interstate 90 west of Butte -Whitehall 229-249 Interstate 15 Buxton Interchange -Woodville 11 b-134 Interstate 15 Boulder -Lincoln Rd 165-200 Secondary Highway 430 Helena -Secondary Hwy 284 Intersection 0-9.2 Secondary Highway 231 Custer AverLincoln Road 0-6 :Highway 78 Red Lodge-Absarokee 0-37 23 Exhibit C Montana Department of Transportation State Highway Traffic Safety office 2701 Prospect Ave P 0 Box 201001, Helena, MT 59620 Angie (406) 444-7301 Fax (406) 444-9409 Submitted herewith for payment are expenditures made in conjunction with Kalispell STEP for State Highway Traffic Safety contract 2011-02--06-24 for the period of activity from Send payment for this claim to: My taxpayer identification # is: A. Personal Services: Salaries & Benefits TOTAL COSTS S l 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, invoices, disbursement vouchers, etc. are maintained and are available for audit. Date Project Director's Signature 24 Exhibit D 'Mobilization overtime activities are reported separately from sustained enforcement overtime activities. CONTRACTOR: Kalispell STEP CONTRACT #: 2011-02-06-24 Please check the appropriate mobilization period conducted by your agency: Memorial Day: May 23, 2011 —June 5, 2011: Labor Day: August 19, 2011 — September 5, 2011: *ACTUAL DATES OF ACTIVITY: "re1cila 9; * ■41i9=1 &ME16111 through Other Offenses (citations only) Offense Number Equipment Habitual Offender Expired/No Driver's License Expired/No Registration Other Moving violations Careless Driving Other **Please provide information about accomplishments and difficulties encountered during this reporting period (use another sheet if necessary)** After completing all sections above, fax or email this form to the State Highway Traffic Safety Bureau. The Fax # is (406) 444-9409. You may email report forms to Angie Mullikin at amullikin@,mt.gov.. And electronic version of this form is available on our website www.mdt.mt.gov/safety/safetyprg.shtmi or can be emailed to you at your request. Law enforcement is required to check for seatbelt and impaired driving violations during the same traffic stop. Law enforcement may stop motorists for speeding to help establish particularized suspicion for stopping impaired driving and to cite drivers for themselves and other occupants seen not wearing their seatbelts. �1 Exhibit E QUARTERLY REPORT. SUSTAINED ENFORCEMENT ONLY *Sustained enforcement overtime activities are reported separately from mobilization overtime activities. **PLEASE FAX OR EMAIL THIS FORM WITHIN 30 DAYS AFTER THE END OF THE QUARTER CONTRACTOR: Kalispell STEP CONTRACT #: 2011-a2-DC-24 TOTAL SUSTAINED ENFORCEMENT HOURS: A B C TYPE OF OFFENSE Numberof Citations/ Arrests (Sustained Only) Numberof Citations/ Arrests (Mobilizati on Only) Total Arrests/ Citations (A + B) DUI Arrests Safety Belt Citations Child Safe!Seat Citations Felony Arrests Recovered Stolen Vehicles Fugitives Apprehended ---.-Speed Warnings Minors in Possession Suspended Licenses Uninsured Motorists S eedin Reckless Drivin Drug Arrests Other (specifyto right) 9 Total from right: DRE Evaluations if a licable Total number of contacts (with or without citations Oct 1 —Dec 31 Jan 1 —Mar 31 Apr 1 — Jun 30 Jul 1 —Sep 3-0- Other Offenses (citations only) Offense Number Equipment Habitual Offender Expired/No Driver's License Expired/No Registration Other Moving Violations Careless Driving Other Column A: Provide the number of citations/arrests for this quarter alone. This will NOT include mobilization data if a mobilization period falls within this quarter. Column B: Provide the number of citations/arrests for the Mobilization that fell within this quarter as reported on Exhibit ❑ (Le. Christmas Mobilization will be recorded in Column B on the Oct 1 — Dec 31 Quarterly Report). These numbers will be identical to the numbers recorded to the HTSO following each [Mobilization. Column C: Provide the total number of citationslarrests during this quarter, adding BOTH the quarterly sustained citations/arrests from Column A to the mobilization citations/arrests from Column B. **Please provide information about accomplishments and difficulties encountered during this reporting period (use another sheet if necessary)** And electronic version of this form is available on our website r Md..rat: vvCsafet Isafet r Shull or can be emailed to you at your request. After completing all sections above, fax or email this form to the State Highway Traffic Safety Bureau. The Fax # is (406) 444-9409. You may email report forms to Angie Mullikin at amullikinCc�mt.gov. 4-09 Exhibit F Highway Traffic Safety Bureau LAW ENFORCEMENT FINAL REPORT AGENCY: Kalispell STEP CONTRACT #: 201'1-02-06-24 Describe the overall results of the enforcement project. Did the project achieve what you envisioned? Did you feel it affected the public's perception of enforcement? Were there difficulties encountered with the enforcement project or other related activities? Were there problems with billing and reimbursement? Do you have other comments about the project? Please submit this form to the to the State Highway Traffic Safety Bureau within 30 days after the end of the contract period. Fax number is (406) 444-9409. 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