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HomeMy WebLinkAbout11- Justice Assistance Grant Program Award Memorandum of Agreement with CountyMEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BOZEMAN, MT AND COUNTY OF GALLATIN, MT JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this t ' ay of April, 2011, by and between the COUNTY of GALLATIN, a political subdivision of the State of Montana, acting by and through its governing body, the Gallatin County Commissioners, hereinafter referred to as COUNTY, and the CITY of BOZEMAN, a self-governing political subdivision of the State of Montana, acting by and through its governing body, the Bozeman City Commission, hereinafter referred to as CITY, both of Gallatin County, State of Montana: WHEREAS, on June 9, 2010 the CITY and COUNTY signed the Agreement Between the City of Bozeman and County of Gallatin 2010 Byme Justice Assistance Grant (JAG) Program Award (hereinafter referred to as the June, 2010 Agreement) for allocation of proceeds under said grant awarded to the CITY; and WHEREAS, said grant was awarded on August 26, 2010; Catalog of Federal Domestic Assistance Number 16.738; Project Number 2010-DJ-BX-1 148; and WHEREAS, the selected purpose area of this award is'Law Enforcement' and all funds will be used for the purchased of an Automated Fingerprint Identification System for joint use by the City and the County and is not a research and development grant; and WHEREAS, the federal Department of Justice's Bureau of Justice Assistance's Justice Assistance Grant Program now requires the CITY and COUNTY enter into an additional Agreement to indicate how the parties will allocate the JAG program's additional grant under the initial award in the sum of $40,204; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the JAG funds; and WHEREAS, both the City and the County receive more than $500,000 annually in federal funds; and, WHEREAS, the parties recognize the CITY as the grantee is obligated to comply with all applicable federal requirements related to the receipt and expenditure of the additional JAG allocation including the requirements detailed in OMB-133; and WHEREAS, the County is a sub-recipient of grant funds obligated to comply with requirements detailed in OMB-133, including requirements ensuring the County is meeting audit requirements; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and Page 1 of 3 WHEREAS, the CITY agrees to obligate all funds received through this award, including the $15,899 designated by the Bureau of Justice Assistance for the County, for the reimbursement of expenditures for the acquisition of an Automated Fingerprint Identification System, such system to be used jointly by CITY and COUNTY, NOW THEREFORE, the COUNTY and CITY agree as follows: Section I Nothing herein supersedes the June, 2010 Agreement and all provisions of the June, 2.010 Agreement continue in full effect. The terms of this Agreement are in addition to those of the June, 2010 Agreement. Section 2 COUNTY agrees to obligate a total of $15,899 of JAG funds for purposes of fulfilling the objectives of the 2010 Byrne JAG Grant award; and Section 3 CITY agrees to use all funds received under this grant, including the additional allocated $15,899, for the purchase of the Automated Fingerprint Identification System; and Section 4 CITY agrees to provide the COUNTY with detailed invoices for costs incurred for the acquisition of the Automated Fingerprint Identification System and assures the COUNTY that no less than $40,204 will be expended on the acquisition of this system. Section 6 Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY or against the CITY other than claims for which applicable law may impose liability. Section 6 Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 7 The parties to this Agreement do not intend for any third party to obtain aright by virtue of this Agreement. Page 2 of 3 Section 8 By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. Section 9 The City acknowledges its responsibility to comply with all applicable Federal requirements related to the receipt and expenditure of these funds, including but not limited to those outlined in OMB -133 and agrees to complete all federal reporting requirements on behalf of both parties. Section 10 As a co-recipient or sub-recipient of federal funds through this Justice Assistance Grant (JAG), the County agrees to meet all of the contractual requirements stipulated by the Bureau of Justice Assistance (BJA) in the award of this grant. Section 11 As the fiscal agent for this JAG, the City agrees to monitor performance and financial activities conducted by the County in the performance of this grant to ensure compliance with funding agency requirements, CITY OF BOZEMAN, MONTANA A hris Kuk City Manager HATE COUNTY OF GALLATIN, MON'Th A William A. Murdock, Commission Chair Page 3 of 3