2. Resolution 5531 - MDOT Grant Acceptance & Budget AppropriationCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
REPORT TO: Mayor Tammi Fisher and Kalispell City Council
FROM: Heidi Ulbricht, Municipal Judge
Jane Howington, City Manager
SUBJECT: DUI Court Grant Acceptance and Budget Appropriation
MEETING DATE: November 7, 2011
BACKGROUND: On October 1, 2011, the Montana Department of Transportation awarded a
grant to the City of Kalispell for continued funding of the Municipal DUI (KMDUI) Court. The
grant period extends from October 1, 2011 to September 30, 2012.
The KMDUI Court is a specialty treatment court for adult misdemeanor DUI offenders. The
court became operational in January 2009 and is successfully assisting DUI offenders to become
law abiding and productive members of society through frequent court appearances, intensive
supervised probations, evidence -based alcohol and drug treatment, case management, frequent
and random drug testing, and use of advanced alcohol testing and monitoring equipment. The
program, which has been designed to allow for 25 active participants each year, also focuses on
the relicensing and reinsuring of DUI offenders.
RECOMMENDATION: Council approve the resolution accepting the grant and
appropriating the budget for the MDOT funding of $97,000.
FISCAL EFFECTS: The grant requires an in -kind match for the Judge, Court Administrator,
Adjutant City Attorney, and a Kalispell Police Officer.
ALTERNATIVES: As suggested by the City Council.
Respectively submitted,
Municipal Judge
Ane Howington
City Manager
WHEREAS, on August 15, 2011, the City Council adopted Resolution 5513 adopting the
annual appropriations of the City of Kalispell for fiscal year 2011-2012; and
WHEREAS, on October 1, 2011, the City of Kalispell was informed that it was a recipient of
an ongoing grant award from the Montana Department of Transportation "DUI
Court Implementation" grant in the amount of up to $97,000 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 •,E, BE IT RESOLVED BY THE CITY COUNCILOF
FOLLOWS:KALISPELL AS
SECTION I. That the City Council hereby accepts the Montana Department of
Transportation "DUI Court Implementation" grant in the amount of up to
$97,000.
SECTION II. That the City Council hereby appropriates up to the sum of $97,000 and
directs the Finance Director to allocate said amount.
PASSED AND APPROVED BY THECOUNCILl SIGNED BY THE MAYOR OF
THE CITY OF ' DAY OF • •
Tammi Fisher
Mayor
Theresa White
City Clerk
During the performance of this Agreement, the Contractor, 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-A4
CONTRACTS
(1) Compliance with Regulations: The Contractor 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
though only state funding is here involved.
(2) Nondiscrimination: The Contractor, 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 Contractor 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 Equipment: In all
solicitations, whether by competitive bidding or negotiation by the Contractor 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 Contractor of the Contractor's
obligations under this Agreement and the Regulations relative to nondiscrimination.
(4) Information and Reports: The Contractor 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
National Highway Traffic Safety Administration Division (NHTSA) of the Federal Highway
Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives.
Where any information required of the Contractor is in the exclusive possession of another who
fails or refuses to furnish this information, the Contractor 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 Contractor'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 Contractor under the Agreement until the Contractor
complies, and/or
(b) Cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: The Contractor 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 Contractor 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 Contractor is sued or is threatened with litigation by a subcontractor or
supplier as a result of such direction, the Contractor may request the State to enter into the
litigation to protect the interests of the State, and, in addition, the Contractor or the State may
request the United States to enter into such litigation to protect the interests of the United
States.
Rl
13) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, Sec. 49-3
207, MCA
In accordance with Section 49-3-207, MCA, the Contractor 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.
(1) The Contractor will comply with all regulations relative to implementation of the AMERICANS
WiTH DISABILITIES ACT.
(2) The Contractor will incorporate or communicate the intent of the following statement in all
publications, announcements, video recordings, course offerings or other program outputs:
"The Contractor will provide reasonable accommodations for any known disability that
may interfere with a person in participating in any service, program or activity offered b
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the Contractor. In the case of documents, recordings or verbal presentations, alternati
accessible formats will be provided. For further information call the Contractor." I
1.11 video recordings
•.. produced # andcreatedunder
.#^`contractand/or agreement beclosed-
captioned.
Each Agreement the Department signs with a Contractor (and each subcontract the prime contractor
signs with a subcontractor) must include the following assurance:
The Contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor
to carry out these requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate.
No federally 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.
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 LL, "Disclosure Form to Report Lobbying," in accordance with its instruction.
E
In accordance with the provision of 49 CFR Part 29, the state agrees that it shall not knowingly enter
into any agreement under its Highway Safety Plan with a person or entity that is barred, suspended,
declared ineligible, or voluntarily excluded from participation in the Section 402 program, unless
otherwise authorized by the national Highway Traffic Safety Administration (NHTSA). The state furth
agrees that it will include the following clause and accompanying instruction, without modification, in
lower tier covered transactions, as provided by 49 CFR Part 29, and in all solicitations for lower tier
covers -ad transactions:
Instructions for Certification
1. By signing and submitting this proposal, the prospective Contractor or any lower tier participant is
providing the certification set out below.
2. The certification in this clause is material representation of fact upon which reliance was placed when
this transaction was entered into. If it is later determined that the Contractor or 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 Contractor or lower tier participant shall provide immediate written notice to the person
to whom this proposal is submitted if at any time the prospective Contractor or 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,"
"principal," "proposal," and "voluntarily excluded," s 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 copy of those regulations.
Of