3. Resolution 5594 - MDOT Grant Acceptance and Budget ResolutionCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
TO: Doug Russell, City Manager IR
FROM: Judge Heidi Ulbricht
SUBJECT: Kalispell Municipal DUI Court Implementation Grant
MEETING DATE: October 15, 2012
BACKGROUND: On October 1, 2012 the Montana Department to Transportation awarded a
grant to the City of Kalispell for continued funding of the Kalispell Municipal DUI (KMDUI)
Court. The grant period covers October 1, 2012 thru September 30, 2013. 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
probation, 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 MDOT Grant and
appropriating the budget in the amount of $130,462.00.
FISCAL IMPACTS: The City has an in -kind match for the Judge, Court Administrator,
Adjutant City Attorney and a Kalispell Police Officer.
Resp pfully sub 'tted,
Judge Heidi Ulbricht
MMIN WIMMM Iffl-va
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WHEREAS, on August 20, 2012, the City Council adopted Resolution 5581 adopting the
annual appropriations of the City of Kalispell for fiscal year 2012-2013; and
WHEREAS, on October 1, 2012, 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 $130,462 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.
10'fl THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OF
KALISPELL AS • .
SECTION 1. That the City Council hereby accepts the Montana Department of
Transportation "DUI Court Implementation" grant in the amount of up to
$130,462.
SECTION II. That the City Council hereby appropriates up to the sum of $130,462 and
directs the Finance Director to allocate said amount.
PASSED + • APPROVED • 1 . • SIGNED BY THE MAYOROF
THE CITY OF KALISPELL, THIS 15TH DAY OF OCTOBER, 2012.
Tanuni Fisher
Mayor
Theresa White
City Clerk
Contract name: Kalispell DUI Court Implementation
CTS#: 106687
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" and 20.601 "Alcohol Impaired Driving Countermeasures Incentive Grants", awarded by the National Highway
Traffic Safety Administration, Department of Transportation as authorized by 23 U.S.C. 402 et seq. Actual award is
contingent upon the availability of NHTSA funding.
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:
The provisions and the proposal are intended to be mutually complementary. In case of any discrepancy, provisions of
the Agreement shall prevail over Exhibit A.
The purpose, scope of work and methods of implementation of the contract shall be as described in the attached
Exhibit A.
Refer to Exhibit A for reporting requirements.
III — Reports
IV - Time
This project shall be started by the Grantee within 10 days of October 1, 2012, and shall be completed no later than
September 30, 2013, unless the Department grants express written approval.
V - Agreement Cost
Agreement costs are identified in Exhibit A, 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 as set forth in this Agreement provided that the
total amount shall not exceed $130,462.00. Reimbursements will not be made for any costs not clearly and accurately
supported by the Grantee's records.
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.
Reimbursement requests must be submitted on a Highway Traffic Safety Project Reimbursement Claim Form ("Claim
Forms"). Electronic Claim Forms are preferred and may be obtained by contacting the MDT Highway Safety Office.
Requirements for state fiscal year end
In accordance with Montana Code Annotated 17-1-102(2), all State agencies must report the use and disposition of all
public money and property in accordance with generally accepted accounting principles. The 2013 fiscal year for the
State of Montana ends June 30, 2013 and MDT is required to either process invoices or accrue for services provided
through June 30th before the books close. In order to accomplish this, please submit an invoice for all services rendered
through June 301h by July 3, 2013. If you are unable to provide an invoice, please submit an estimate of the services
performed through June 301h by July 3, 2013.
Requirements for federal fiscal year end
In accordance with Code of Federal Regulations 49 — 18.50 , the National Highway Traffic Safety Administration will close
out the grants awarded to the State of Montana when it determines that all applicable and administrative actions and all
required work of the grant has been completed (September 30th' 2013). The State of Montana is required to submit all
financial, performance, and other reports to the Federal Government within 90 days. In order for Montana Department
of Transportation to fulfill this requirement, final Reimbursement Claim Forms for costs incurred on or before
September 30, 2013 must be submitted to the State Highway Traffic Safety Office by November 15, 2013. Failure to
comply will result in denial of 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) 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 Other Non -Profit Organizations (formerly OMB Circular A-110)
➢ 2 CFR Part 220 Cost principles for educational institutions (formerly OMB Circular A-21)
➢ 2 CFR Part 225 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)
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 and no less than quarterly. In no event shall
the requested program payments exceed the amount obtained by multiplying the percentage of work completed by the
total agreement price, less the amount retained as surety for agreement completions.
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.
Audit requirements
The Grantee shall perform an audit in compliance with the Single Audit Act Amendments of 1996, 31 U.S.C. 7501 et seq.
and OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." For local governments
and school districts, the Grantee will provide the report to the State of Montana, Department of Administration, Local
Government Services Bureau all other grantees such as Tribal Communities and Non -Profit Organizations will provide
the report to the State of Montana, Department of Transportation, Internal Audit Unit, PO Box 201001, Helena, MT,
59620-1001.
VII - Source of Funds
Federal funds made available under Public Law 109-59 as amended, with the appropriate proportion of State matching
funds, shall be used in payment.
Vlll - Subcontracting and Special Services
The services of the Grantee will be managed by the Project Director, Heidi Ulbricht. The Project Director is responsible
for timely report submission and communication with the State Highway Traffic Safety Office. The Project Director may
delegate reporting responsibilities, project -related communication, and tasks under this agreement to the person listed
as "Point of Contact" on page 16 of this agreement. The Project Director may delegate responsibility for submitting
reimbursement requests to the Fiscal Point of Contact listed on page 17 of this agreement.
Sub -contracts
The Grantee will not assign, sublet or transfer any part of this Agreement except by written subcontract, and with the
prior written consent of the Department. The grantee must provide a copy of the draft subcontract to the assigned
program manager for review and approval prior to finalization. Nothing contained within this document shall create any
contractual relationships between any subgrantee and the Department.
,
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.
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 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.
XII - 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.
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. 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 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
Termination
This Agreement may be terminated at any time based upon mutual written consent of the parties. If it is considered to
be in the best interests of the Department, the Department may terminate this Agreement upon giving ten (10) working
days written notice to the Grantee. If the Agreement is so terminated prior to fulfillment of the terms stated herein,
the Grantee shall be reimbursed only for actual expenses, both direct and indirect, incurred to the date of termination.
Severability and Integration
If any single part or parts of this Agreement are determined to be void, the remaining parts will remain valid and
operative. This Agreement, as written, expresses the total, final and only agreement of the parties relevant to its subject
matter. No provision, expressed or implied, arising from any prior oral or written request, bid, inquiry, negotiation,
contract, or any other form of communication shall be a provision of this Agreement unless specifically provided within
the written terms herein.
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, "non -delegable" (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 non -delegable duty relating to workplace safety for the Grantee's employees, the
employees of any Subgrantee, and the public.
XIX —Assurances and Certifications Notice to Contractor
During the performance of this Agreement, the Grantee for itself, its assignees and successors in interest, agrees as
follows:
The Grantee, in the performance of this Agreement, shall fully comply with all applicable federal, state or local laws,
rules and regulations, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act
of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Non -
Discrimination Notice, is incorporated into this Agreement and during the performance of this Agreement, the Grantee
for itself, its assignees and successors in interest, agrees to adhere to the contents as follows:
NON-DISCRIMINATION NOTICE
A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL -AID CONTRACTS
(1) Compliance with Regulations: The Grantee 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 Grantee, 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 Grantee 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 Grantee 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 Grantee of the Grantee obligations under this Agreement and the
Regulations relative to nondiscrimination.
(4) Information and Reports: The Grantee 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 Grantee is in the exclusive possession of another who fails or refuses to
furnish this information, the Grantee 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 Grantee'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 Grantee under the Agreement until the Grantee complies, and/or
(b) Cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: The Grantee 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 Grantee 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 Grantee is sued or is threatened
with litigation by a subcontractor or supplier as a result of such direction, the Grantee may request the
State to enter into the litigation to protect the interests of the State, and, in addition, the Grantee or the
State may request the United States to enter into such litigation to protect the interests of the United
States.
In accordance with Section 49-3-207, MCA, the Grantee 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 Grantee will comply with all regulations relative to implementation of the AMERICANS WITH
DISABILITIES ACT.
(2) The Grantee will incorporate or communicate the intent of the following statement in all publications,
announcements, video recordings, course offerings or other program outputs: "The Grantee 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. In the case of documents, recordings or verbal presentations,
alternative accessible formats will be provided. For further information call the Grantee."
(3) All video recordings produced and created under contract and/or agreement will be closed captioned.
WIN
Each Agreement the Department signs with a Grantee (and each subcontract the prime contractor signs with a
subcontractor) must include the following assurance:
The Grantee, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The Grantee shall carry out applicable requirements of 49 CFR Part 26 in
the award and administration of DOT -assisted contracts. Failure by the Grantee 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) Federal 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 II - (§§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
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 percent 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 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 and high -visibility 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,
® Coordination of its highway safety plan, data collection, and information systems with the State
strategic highway safety plan (as defined in section 148)(a)).
(23 USC 402 (b)(1)(F));
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 4020)).
r
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;
F) Federal Funding Accountability and Transparency Act (FFATA)
The State will comply with FFATA guidance, OMB Guidance on FFATA Subaward and Executive Compensation
Reporting, August 27, 2010,
(https://www.fsrs.gov/documents/OMB Guidance on FFATA Subaward and Executive Compensation Repor
tins 08272010.pdf) by reporting to FSRS.gov 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 executives of the entity
(including the parent entity of the grantee is owned by another entity) for the preceding completed
fiscal year, if—
(i) the total Federal funding authorized to date under this award is $25,000 or more;
(ii) in the preceding fiscal year, you received—
* 80 percent or more of your annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at
2 CFR 170.320 (and subawards); and
o $25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at
2 CFR 170.320 (and subawards); and
(iii) The public does not have access to information about the compensation of the executives 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 OMB guidance.
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.
G) The Drug -free Workplace Act of 1988(41 U.S.C. 702:):
The State will provide a drug -free workplace by:
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;
Establishing a drug -free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace.
2. The grantee's 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 --
Abide by the terms of the statement.
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.
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 -
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.
Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f) above.
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.
1) 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.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
Grantee to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for
all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
K) 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.
L) CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
1. Instructions for Primary 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.
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.
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.
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.
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.
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. Certification Regarding 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:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or
receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(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.
3. Instructions for Lower Tier Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to the
Federal government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in
this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You
may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that 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
lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to, check the List of
Parties Excluded from Federal Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to the
Federal government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transactions:
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.
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.
Conduct workplace safety iniatives in a manner commensurate with the size of the business, such as —
Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while
driving; and
Education, awareness, and other outreach to employees about the safety risks associated with texting while
driving.
N) 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).
The following exhibits are attached to this agreement and considered part of it:
Exhibit A Scope of Work
Exhibit B Reimbursement Claim Form (also available electronically)
Exhibit C Quarterly Project Status Report Form
Proiect 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
Idemont@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
Authorizing Official of the Grantee
1.
Name
Douglas Russell
2.
Title
City Manager
3.
Address
City of Kalispell
PO Box 1997, Kalispell, MT 59903-1997
4.
Phone
(406) 758-7703
5.
Fax
6.
Email
citymanager@kalispell.com
7. Signature
Date
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
judge@kalispell.com
7. Signature
Date
Montana Department of Transportation Approval
1. Name/Title Lynn Zanto - Rail, Transit & Planning Division Administrator
2. Address Montana Department of Transportation
PO Box 201001, Helena MT 59620-1001
3. Phone (406) 444-3445
4. Email Izanto@mt.gov
5. Signature
Date
Legal Advisor for contract content
1. Name/Title MDT Counsel, Legal Services
2. Address Montana Department of Transportation
PO Box 201001, Helena MT 59620-1001
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
EXHIBIT B
Scope of Work
A. Background
Montana has historically had one of the highest alcohol -fatality rates in the nation. On average each year, alcohol/drug-
related driving has been a factor in 10 percent of all traffic crashes, roughly 20 percent of all injuries and almost 50
percent of deaths on Montana's roads.
In 2011, 78.3% of the drivers/pedestrians/bicyclists (220 of 281) involved in fatal crashes were tested for blood alcohol
concentration (BAC). Of those 220 tested, 33.2% were noted as having a BAC > 0.00% (73 people) and the average BAC
of these people was 0.188.
BAC statistics from the Fatality Analysis Reporting System (FARS)
2005 70.8% 39:99/6 0.160
2006 73.7% 44.9% 0.176
2007 76.7% 41.3% 0.188
2008 76.9% 38.3% 0.174
2009 79.0% 34.8% 0:185
2010 80.5% 37.4% 0.172
2011* 78.3% 33.2% 0.188
*preliminary information subject to change
This information is based on the tested results of drivers of a motor vehicle in
transport, pedestrians, bicyclists, other cyclists and people on personal conveyances
(vehicle passengers are excluded). The people included were assumed to be "in
control of" a vehicle or themselves.
In the last five years, the average BAC has consistently stayed at least twice the limit at which impairment is presumed
(0.08 BAC).
According to a Safety Alert published by the National Transportation Safety Board (NTSB) in November 20101, people
identified as "hard core drinking drivers" — those with high blood alcohol concentration (BAC) levels of 0.15 percent or
greater or who are repeat offenders with a drunk driving arrest or conviction in the past 10 years — were involved in
more than 70 percent of the alcohol -impaired driving fatalities and more than 22 percent of the total highway deaths.
Between 1982 and 2009, more than 251,000 people died across the USA in crashes involving hard core drinking drivers.
Results of a study conducted by the University of Montana's Bureau of Business and Economic Research, released in
20092, show that alcohol abuse costs the state's economy more than half a billion dollars per year in lost wages and
productivity, alcohol treatment costs, medical costs, and other public and private spending. Of that number, $49.1
million was spent on "extra police, judges and prison cells needed to protect citizens and enforce the laws that are
broken because of the impairing impacts of alcohol." A subsequent study, released in January 20 103 , noted that the
addition of alcohol related crashes with injuries represent an additional $131 million, bringing the total economic cost of
alcohol abuse to $642 million.
1 http://www.ntsb.gov/doclib/safetyalerts/SA-004.pdf
2 Economic Impact of Alcohol Abuse, March 2009, by Dr. Patrick Barkey, Director, Bureau of Business and Economic Research, University of Montana — Missoula.
Online at www.bber.umt.edu/health/papers.asp
3 Economic Costs of Alcohol -Related Vehicle Crashes in Montana, January 2010, by Steve Seninger, Ph.D. Senior Research Professor, Bureau of Business and Economic
Research, University of Montana — Missoula. Online at www.bber.umt.edu/pubs/health/CostAlcoholCrashes2010.pdf.
A 2011 report by Dr. Tim Conley4 revealed that felony offenders, on average, conservatively estimate that they have
driven 369 times per conviction.
Towards a solution
One of the actions recommended by the National Transportation Safety Board as being effective in curbing hard core
drinking drivers is to establish individualized court -based sanction programs, such as DWI courts, with frequent offender
contact, unannounced testing, mandatory assessment, treatment, and long-term follow-up. In addition, NTSB
recommends prohibiting diversion programs, as diverted offenders repeat their offense faster and often receive
multiple diversions, despite legislated limits on the use of this measure.
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 courts. In addition, the study noted the effectiveness of the
Georgia DWI Courts saved a substantial amount of taxpayer money that would have been needed for incarceration,
court time, and probation supervision.
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 Municipal DUI Court (KMDUI). The first client was accepted in January
2009. Funding continued in FFY 2010. This contract represents the fourth year of funding from MDT for DUI court
implementation in the Kalispell Municipal Court.
The purpose of the Kalispell Municipal DUI Court 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:
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).
The DUI court will abide by all applicable Montana laws related to prosecution, sentencing, and deferral of DUIs as
referenced in MCA 61-8-734 (4) and 46-16-130 (4). The DUI court will not expunge a DUI from the record of an
individual who participates in or graduates from the DUI court.
C. Goals
1. Maintain a DUI court team and program 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 60% 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.
'TO DRINK IS TO DRIVE, University of Montana —Missoula, February 28, 2011. Online at http://www.mdt.mt.gov/safety/docs/ToDrinkisToDriye.pdf
s http://www.dwicourts.org/learn/about-dwi-courts/research
Action item and due date
Adhere rigorously to the 10 guiding principles of DUI/DWI courts as described and adopted by the National
Drug Court Institute (NDCI). Ongoing.
Continue to implement written corrective action plan in response to any recommendations provided by the
State Drug Court Coordinator and/or Peer Review Team following a site visit. The plan will detail individuals
responsible and timeframes for initiating and implementing the recommended changes. Provide a progress
update with each quarterly report, and attach a copy of the updated plan.
Provide all DUI court participants with a strong occupant protection (OP) message. This will include language
in the DUI court contract requiring safety belt usage, as well as transport of children in child safety seats
appropriate to their height and weight. Best practice is for children to be transported in the back seat until
age 13. For more information see www.buckleup.mt.gov or call Pam Buckman at (406) 444-0809.
The participant contract OP requirements must reinforced through education as well as sanctions for
observed non-compliance or if a client has received a citation for nonuse/misuse of safety belts/child
restraints. Ongoing.
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. The balance in the participant fee
account must be zero at the conclusion of FFY 2013. monthly.
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 below:
Report required
Due
First quarter report
January 30, 2013
(covering contract progress in October, November, December 2012)
Second quarter report
April 30, 2013
(covering contract progress in January, February, March 2013)
Third quarter report
July 30, 2013
(covering contract progress in March, April, May, June 2013)
Fourth quarter report*
October 30, 2013
(covering contract progress in July, August, September 2013)
Final report
October 30, 2013
(covering contract progress from October 2012 — September 2013)
* 4rh 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 electronically
(either via email or via www.transfer.mt.gov) to your assigned program manager using the report format provided.
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.
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).
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 detailed report on how the DUI court is meeting the intent of
the 10 Guiding Principles of DUI/DWI Courts, a description of any barriers or problems, and specific performance
indicators such as client sobriety, counseling attendance, attainment of treatment goals, drug/alcohol test
results, monitoring through home and work visits, court attendance, driver relicensing and insurance, and the
use of ancillary services.
4. Any training received by the DUI court team, including in-service training provided during DUI court staffing
sessions.
In accordance with guiding principle #9, the DUI court will participate in a peer review team process for
evaluation of the DUI court. The court will develop and implement an action plan based on the evaluation
report.
6. The final report will include an evaluation of the DUI court's progress in meeting the goals outlined in section C —
Goals.
F. Performance Measures
Successful completion of this contract will assist the state of Montana in achieving the following performance measures
contained in the FFY 2013 Highway Safety Plan:
Safety Belt Use
® Increase the annual observed rate of seat belt use of outboard, front seat vehicle occupants from 78.9% in
2010 to 89.3% by 2015. (NHTSA Core Behavior Measure B-1.)
® Reduce the five-year average number of unrestrained vehicle occupant fatalities from 126 in 2010 to 98 by
2015. (NHTSA Core Outcome Measure C-4.)
® Reduce the five-year average number of unrestrained vehicle occupant fatalities and incapacitating
injuries from 633 in 2010 to 490 by 2015.
Alcohol & Impaired Driving Fatalities
® Reduce the five-year average number of fatalities in crashes involving an alcohol -impaired driver or
motorcycle operator (BAC 0.08+) from 90 in 2010 to 70 by 2015. (NHTSA Core Outcome Measure C-5.)
® Reduce the five-year average number of fatalities and incapacitating injuries in crashes involving a driver
or motorcycle operator with a BAC 0.01+ or evidence of alcohol and/or drugs being involved from 484 in
2010 to 375 by 2015.
G. Project Budget
1. Contracted services
Evaluation/technical assistance
Licensed Addiction Counselor —for provision of services only
to DUI court participants
Compliance officer
2. Supplies & Materials
Drug/alcohol testing
3. Other direct costs
Professional development (includes travel expenses at
applicable state rates)
DCCM case management system
Total budgeted costs
9,920.00
48, 642.00
28,080.00
31,280.00
7,540.00
5,000.00
130,462.00
Note: to update total costs, place cursor on total amount and press F9
Participant fees
DUI Court participant fees collected by the Kalispell Municipal DUI Court must 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. The balance in the participant fee account
must be zero at the conclusion of FFY 2013.
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.
State Highway Traffic Safety Office Kim (406) 444-6114
Montana Department of Transportation Fax (406) 444-9409
PO Box 201001, Helena MT 59601-1001
HIGHWAY TRAFFIC SAFETY PROJECT REIMBURSEMENT CLAIM FORD
Submitted herewith for payment are expenditures, including copies of invoices, made in conjunction with Kalispell
DUI Court Implementation for State Highway Traffic Safety contract # CTS — 106687for the period of activity from
date to date.
Send payment for this claim to:
My taxpayer identification # is:
My DUNS # is:
Beginning contract balance:
Attn: name
entity
mailing address
city, MT zip
1) Personal Services
a) Salaries
$ -
b) Benefits
$ -
2) Contracted Services
(Includes professional & non-professional services provided by
non -government employee. May include trainer fees, graphic
artist professional color printing, etc.)
$ -
3) Supplies and Materials
(Does not include equipment. May include evaluation
materials, postage, training materials, printer supply
costs, etc.)
$ -
4) Other direct costs
a) Travel Expenses (at applicable state rates)
$ -
b) Equipment Purchases (includes purchase of small
items such as laptop computers, radar, PBTs, etc.
Requires SHTSO approval prior to purchase.)
$ -
5) Administrative Fees
$ -
TOTAL COSTS
$
Ending Contract Balance:
0
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, invoices, disbursement vouchers, etc. is attached. Originals are maintained by Grantee and
available for audit.
Date
Project Director's Signature
(must match signature in contract)
Mark Xfor the applicable quarter.
At the beginning of the contract term, the DUI court team consisted of the following:
1. Judge: name
2. DUI court coordinator: name
3. Treatment representative: name
4. Probation/compliance officer: name
S. Prosecutor: name
6 Defense counsel: name
7. Law enforcement representative: name
8. Expert inresearch & evaluation: name
Please describe any changes inthe eight -member core DUI court team. Describe how the new team member has
received orwill receive proper training |nthe DUI court model. Also, please describe any training received bythe DUI
court team, including in-service training provided during DUI court staff in�sessions.
Q1:
Q2:
Q3:
Q4:
DUI court participants
Quarter
beginning # of DUI
# new participants
# participants that
dropped out,
# of participants
total # of DUI court
court participants
added
absconded, etc.
that graduated
participants
Year-end summary:
Status of participants
Quarter
Participant's tracking #
Start date in
program
Status in program (e.g. phase 1)
Completion date
Year-end summary:
}fanaction item will not becompleted onschedule, indicate a timeframnefor completion inthe progress notes, and the
reason for the delay. |fanaction item isnot applicable this quarter, please indicate N/A.
Action item and due date
1. Adhere rigorously to the 10 guiding principles of DUI/DWI courts as described and adopted by the National Drug
Court Institute (NDCI). Ongoing.
If the court is struggling to meet the intent of a guiding principle, please describe the corrective action to be taken.
GUIDING PRINCIPLE #1: Determine the population. Targeting is the process of identifying a subset of the DWI offender population
for inclusion in the DWI 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 while under the influence of alcohol or drugs. The DWI court
target population, therefore, must be clearly defined, with eligibility criteria clearly documented.
Target population served by this DUI court:
Year-end summary:
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.
Please describe how clients are assessed for inclusion in DUI court, as well as how a chemical dependency and other diagnoses
are made and treatment needs determined.
Progress notes
Year-end summary:
GUIDING PRINCIPLE #3: Develop the treatmentplon. Substance dependence is a chronic, relapsing condition that con 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 suffersfrom 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-term success.
Please describe how evidence -based practices are used in the delivery of treatment, including any manualized treatment
programs/protocols. Please also provide an evaluation of your program data to show how long it takes to get a DUI court client
into treatment. Please confirm that all clients complete the Assessment, Course (Prime for Life) and Treatment program required
by MCA 61-8-732,
Progress notes
Year-end summary:
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 againstfuture impaired driving.
Alcohol dissipates rapidly from the system. Please describe how probation, law enforcement and treatment work together to
monitor the offender for alcohol and/or drug use. Include information on frequency and type of testing, as well as frequency,
days, and times of unannounced random home and work visits,
Progress notes
Action item and due date
Q3:
Q4:
Year-end summary:
GUIDING PRINCIPLE #5: Forge agency, organization, and community partnerships. Partnerships are an essential component of the
DWI court model as they enhance credibility, bolster support, and broaden available resources. Because the DWI 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.
Please 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.
Progress notes
Q1:
Q2:
Q3:
Q4:
Year-end summary:
GUIDING PRINCIPLE #6: Take 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 team, therefore, is of utmost importance.
Please indicate the number of DUI Court sessions and the dates, in addition to any other relevant information.
Progress notes
Q1:
Q2:
Q3:
Q4:
Year-end summary:
GUIDING PRINCIPLE #7: 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.
Progress notes
Q1:
Q2:
Q3:
Q4:
Year-end summary:
GUIDING PRINCIPLE #8: Address transportation issues. Though nearly every state revokes orsuspends 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.
Develop a transportation plan for each DUI court participant detailing how the individual will get to all the DUI court
requirements, work, etc. Provide a copy to the client and beep a copy in the judge's social folder on each client. Due within 30
days of admission to the program; updated monthly.
Progress notes
Q1:
Q2:
Q3:
Q4:
Year-end summary:
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
Action item and due date
of the evaluation design.
Evaluation relies heavily on data collected by the DUI court. Please include a description of your court's data collection process.
Input data into the InfoPath drug court data collection system housed at the Montana Office of Court Administrator. This will
enable tracking of recidivism and other data.
Progress notes
Ql:
Q2:
Q3:
Q4:
Year-end summary:
GUIDING PRINCIPLE #10a: Ensure a sustainable program. The foundation for sustoinability 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.
Please describe the strategic planning process used by your DUI court. Also, please submit a copy of the DUI court's policies and
procedures, client contract, and client handbook to the SHTSCt within one month of contract execution.
Notify SHTSO of any changes to the DUI court's policies and procedures, client contract, and client handbook as it happens or
within the quarterly report following the change/s.
Progress notes
Q1:
Q2:
Q3:
Q4:
Year-end summary:
GUIDING PRINCIPLE #10b: Ensure a sustainable program. Mandatory monetary and tim%ffort contributions from participants in
the form of community service has therapeutic benefits, allowing participants to be empowered having a sense of ownership through
their steps of sobriety and recovery. It also provides revenue for the DUI court to assist in covering program costs.
Please describe your requirements for participant fees. Maintain a tracking system for the collection and usage of the DUI court
participant fees, and provide a summary to MDT along with monthly re nests for reimbursement. balance in the participant fee
account must be zeros by September ail, 2011
Please describe the current community service opportunities available for your clients, and any action you are taking to expand
the available options.
Progress notes
Q1:
Q2:
Q3:
Q4:
Year-end summary:
Continue to implement written corrective action plan in response to any recommendations provided by the State Drug
Court Coordinator and/or Peer Review Team following a site visit. The plan will detail individuals responsible and
timeframes for initiating and implementing the recommended changes. Provide a progress update with each quarterly
report, and attach a copy of the updated plan.
Progress notes
Q1:
Q2:
Q3:
Q4:
Year-end summary:
Provide all DUI court participants with a strong occupant protection message. This will include language in the DUI court
contract requiring safety belt usage, as well as transport of children in child safety seats appropriate to their height and
weight. Best practice is for children to be transported in the back seat until age 13. For more information see
Action item and due date
www.buckleup.mt.gov or call Pam Buckman at (406) 444-0809.
The contract is reinforced through ongoing education as well as sanctions for observed non-compliance or if a client has
received a citation for nonuse/misuse of safety belts/child restraints.
Please describe the language in your DUI court contract, as well as how this message is reinforced through treatment, probation,
judicial interaction, etc.
Progress notes
Q1:
Q2:
Q3:
Q4:
Year-end summary:
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..
Quarter
Date
Medium
(newspaper,
radio, TV, other)
Topic(s)
I Copy
attached
1
2
3
4
Year-end summary:
Activities planned for the upcoming quarter
QI:
Q2:
Q3:
Q4:
Year-end summary:
Other relevant information
Quarterly reports will describe the past quarter's activities, such as local benefit received because of the project, work
accomplished, difficulties encountered, decisions made, or any other important information relative to the project.
QI:
Q2:
Q3:
Q4:
Year-end summary:
Submitted on <fill in date> via e-mail to Idemont@mt.gov.
Heidi Ulbricht, Project Director