HomeMy WebLinkAboutInterlocal Agreement between City and County for funding and operations of Gallatin County Victims-Witness Program Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney
SUBJECT: Interlocal Agreement between the City and Gallatin County regarding
funding and operations for the Gallatin County Victim/Witness Program.
MEETING DATE: November 7, 2011.
AGENDA ITEM TYPE: Consent.
RECOMMENDATION: Approve the attached Interlocal Agreement.
BACKGROUND: Montana law requires the City and County to provide services to victims and witnesses of crimes pursuant to §46-24-101, MCA, through §46-24-213, MCA. As such, the
services provided by the County for the City under the Program assist the City in fulfilling its
statutory requirement to assist victims of crimes.
As is evident from the recitals on the attached Interlocal Agreement (IA), the City of Bozeman has benefitted for years from the services for victims and witnesses of crimes provided by the
Gallatin County Victim/Witness Assistance Program (Program). The attached IA provides an
updated agreement. The IA does not change the current relationship.
The IA also addresses the means for the County to provide contracted services to the City for a new U.S. Department of Justice Office on Violence Against Women grant-funded Domestic
Violence Victim Advocate (DVVA). Please see the attached Letter of Award for this grant. The
City received this grant money to fund the Gallatin Project – a partnership among numerous
entities in Gallatin County to provide enhanced services to victims of domestic violence and
related crimes (see attached MOU re the Gallatin Project). Under the terms of the IA, and contingent upon federal approval, the City will transfer monies to the County to pay for salary
and benefits of the DVVA during the term of the grant. The DVVA will be an employee of
Gallatin County.
Under the IA, the City will contribute the following to the County:
• 35% of the Programs overall annual budget as approved by the County Commission as
calculated by deducting (i) the amount granted annually from the Montana Board of
Crime Control to the Program; (ii) the salary and benefits for the existing victim advocate
position directly assigned by the Program Coordinator to assist the City in Bozeman
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Municipal Court; (iii) the salary and benefits of the additional DVVA as detailed in
Section 8 of the IA; and (iv) any of the County’s indirect costs associated with the
Program. As is currently the case, this funding will come from the City’s victim witness
reserve fund.
• In addition to the above, the City must contribute 50% of the salary and benefits of the
advocate assigned to assist the City in Bozeman Municipal Court. This is in addition to
the 35% contribution for the funding of the overall Program.
• In addition to the funding for the Program described above, the IA provides a framework for the County to provide contracted services to the City under the grant for the DVVA.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: The funding formula for the Program included in Section 7 of the IA will
not change the City’s share of the Program funding. To provide services under the Program to
the City, each year the City contributes upwards of $80,000.00 to the Program. The amount budgeted to be contributed by the City to the Program for FY12 is $79,500. The money for the City’s contribution to the Program comes from solely collections of the Bozeman Municipal
Court appropriated to the Program through the City Attorney’s budget. These monies are
collected from offenders pursuant to §46-18-235(7), MCA. This fund currently has a balance of
$390,482.63. This is not general fund money but a fund that is restricted by statute to be used only to provide services to victims and witnesses of crimes.
The most important fiscal effect to the City is the provisions in the IA that provide a framework
for the parties’ future contributions (FY13 and FY14) to the Program for the DVVA. See Section
8.H of the IA. The grant funds the DVVA at 100% in year one, 80% in year two, and 60% in year three of the grant. The IA then splits the unfunded amount in FY13 and FY14 evenly between the City and County. This amount over the three years of the grant is estimated to
amount to approximately $16,000 for each party. The City’s share of this amount may be funded
from the current reserve fund thus having no effect on the general fund. The IA specifically
provides the funding for the DVVA is contingent upon annual appropriations for each entity’s share.
Attachments:
• Gallatin County City of Bozeman Interlocal Agreement for the Victim/Witness Assistance Program
• Memorandum of Understanding for the Gallatin Project
• Award Letter from the US DOJ OVW
Report compiled on: October 28, 2011
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GALLATIN COUNTY & CITY OF BOZEMAN INTERLOCAL AGREEMENT FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM Page 1 of 6
GALLATIN COUNTY & CITY OF BOZEMAN INTERLOCAL AGREEMENT
FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM
THIS AGREEMENT is made and entered into this ____ day of November, 2011 between
Gallatin County Montana (County) and the City of Bozeman, Montana (City).
WHEREAS, Montana law requires the City and County to provide services to victims and witnesses of crimes pursuant to §46-24-101, MCA, through §46-24-213, MCA; and
WHEREAS, in 1993, the County first obtained a grant from the Montana Board of Crime
Control to establish the Victim/Witness Assistance Program (the “Program”) in the Gallatin
County Attorney s Office; and
WHEREAS, since that time the County has received grants from the Montana Board of
Crime Control and other agencies to fund the Program and also since 1994 the County has
entered into several interlocal agreements with the City wherein the City provides funding to the
County for the Program in return for the Program providing its services to the City; and
WHEREAS, the City and County currently fund the program through the Interlocal
Agreement: Gallatin County – City of Bozeman Victim/Witness Assistance Program (“1997
Agreement”) and a Memorandum of Understanding Between the City of Bozeman and Gallatin County RE: A New Full-time Victim/Witness Position (“2008 Agreement”); and
WHEREAS, On September 23, 2011, the City received a three-year grant from the
federal Department of Justice’s Office on Violence Against Women (federal grant 2011-WR-
AX-0014; CFDA 16.589) that includes funding to the City for personnel and training costs
associated with a full-time domestic violence victim advocate working on behalf of victims of sexual assault, domestic violence, stalking and dating violence, and related issues; and
WHEREAS, the City desires to continue the long-term effective partnership with the
County by providing the OVW grant funds associated with the new domestic violence victim
advocate to the County for the County to use in the Program through employment of a new domestic violence victim advocate and both the City and County desire to have this interlocal
agreement address the terms and conditions of the City’s transfer of funds to the County; and
WHEREAS, in addition, the City and County desire to have this interlocal agreement
govern the ongoing relationship regarding overall funding for the Program; and
WHEREAS, the County and City have authority to enter into this interlocal agreement
and do so pursuant to Title 7, Chpt. 11, Part 1, MCA.
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GALLATIN COUNTY & CITY OF BOZEMAN INTERLOCAL AGREEMENT FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM Page 2 of 6
NOW, THEREFORE, the County and the City agree as follows:
1. PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Interlocal
Agreement (IA) is to maintain a coordinated full time Program between the County and the City to allow their prosecutors and law enforcement officers to make referrals to the Program, to improve the involvement of victims and witnesses in the criminal justice system by providing
services as mandated in §46-24-101, MCA through §46-24-213, MCA, and to meet the many
and varied needs of victims and witnesses and their families. The further purpose is to assist
victims and witnesses in cases involving physical injury or the threat thereof, such as homicide, assault, domestic violence, stalking, etc., and victims and witnesses of property crimes, when the services of the Program are appropriate for the victim/witness. An additional purpose is to have
this IA control the terms and conditions related to the County’s provision of services for an
additional grant funded Domestic Violence Victim Advocate (DVVA). This IA supersedes any
previous agreement between the City and County regarding the Program.
2. STATEMENT OF AGREEMENT. The County agrees to provide and fund, subject
to annual budget appropriations, the Program and its employees, facilities, and services to be
located within the Gallatin County Attorney’s Office. The City agrees to contribute the amount
stated in Sections 7 and 8, below, to assist in the funding of the Program. The Program shall provide services to victims and witnesses referred by the County Attorney, City Attorney,
County Sheriff, Bozeman Police, or any other law enforcement agency that investigates felony
crimes against persons, for victims and witnesses in cases involving physical injury or the threat
thereof, including but not limited to homicide, assault, domestic violence, and stalking, and
victims and witnesses of property crimes when the services of the Program are appropriate for the victim or witness.
3. SEPARATE LEGAL ENTITY. There shall be no separate legal entity created as a
consequence of this IA.
4. DURATION/ TERMINATION/DISPOSAL OF PROPERTY. Except as provided
herein regarding the Grant and the DVVA, this IA shall be in effect for a period of five (5) years
from the date of execution by both parties. Termination of this IA may occur other than at the
end of the above described term only upon mutual written agreement by the County and City.
The City acknowledges that it is not making any contribution to the County under this IA for the acquisition of any personal or real property. Any such property acquired during the term of this
Agreement shall be the property of the County.
5. QUALIFICATIONS AND SUPERVISION OF THE PROGRAM. The Program
shall be a service of Gallatin County and any of the Program’s employees shall be employees of Gallatin County and subject to the County’s human resource policies. The Program shall be
administered by a Victim/Witness Program Coordinator who shall be employed by and be under
the supervision of the Gallatin County Attorney. The Program Coordinator shall possess such
qualifications as determined by the Gallatin County Attorney. The County shall hold the City
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GALLATIN COUNTY & CITY OF BOZEMAN INTERLOCAL AGREEMENT FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM Page 3 of 6
harmless for any and all claims arising from the actions of the County and the County’s
employees under this IA.
6. PROJECT TEAM AND ADMINISTRATION OF AGREEMENT. Administration of this IA shall include a minimum of quarterly meetings (four times per year) of the Victim/Witness Project Team, which shall include but not be limited to the Gallatin County
Attorney, Gallatin County Sheriff, Bozeman City Attorney, and the Bozeman Chief of Police, or
their designees and one representative of the City and County Commissions. It is understood that
the County agrees to monitor the expenses of the administration of this IA relating to services provided to the City.
7. FINANCING OF PROGRAM. The County and the City agree the costs for the
Program and services provided under this Agreement shall be allocated between the County and
City as follows:
A. For purposes of reimbursement by the City to the County for overall Program services,
the Program’s annual budget amount shall be determined by taking the Program’s overall
annually budgeted amount and subtracting: (i) the amount granted annually from the
Montana Board of Crime Control to the Program; (ii) the salary and benefits for the victim advocate position directly assigned by the Program Coordinator to assist the City
in Bozeman Municipal Court; (iii) the salary and benefits of the additional DVVA as
detailed in Section 8; and (iv) any of the County’s indirect costs associated with the
Program. The City shall pay the County 35% of the resulting amount.
B. Consistent with the 2008 Agreement, in addition to the amount described in subsection
7.A, above, the City shall pay to the County 50% of the salary and benefits for the victim
advocate position directly assigned by the Program Coordinator to assist the City in
Bozeman Municipal Court.
8. 2011 OVW GRANT SERVICES. On September 23, 2011 the federal Department of
Justice, Office on Violence Against Women (OVW) awarded the City a grant in the amount of
$579,781 to fund the Gallatin Project Consortium: Rural Project to End Violence Against
Women (hereinafter referred to as the “Gallatin Project”) (US DOJ Grant Number: 2011-WR-
AX-0014; CFDA 16.589) (the “Grant”). The County agrees to participate in the Gallatin Project consistent with the County’s responsibilities as detailed in the Memorandum of Understanding
(MOU) for the Gallatin Project. This section controls the terms and conditions of the County’s
provision of contracted services for the DVVA consistent with the Grant. The DVVA hired with
funding from the Grant shall be an employee of the Program.
A. Period of Performance. The provisions of this section shall commence upon the
occurrence of all of the following: (i) signing by both parties of this IA; (ii) the County’s
entering into the Gallatin Project’s MOU; and (iii) authorization by DOJ/OVW of a
budget amendment transferring the Grant funding for the DVVA from “City Personnel”
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GALLATIN COUNTY & CITY OF BOZEMAN INTERLOCAL AGREEMENT FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM Page 4 of 6
to “Contracted Services.” The provisions of this section related to the Grant and the
DVVA shall end no later than September 30, 2014.
B. Scope of Work. The County shall provide services to the City and the Gallatin Project consistent with this IA, the Grant, and the MOU, which are hereby incorporated by reference and made a part of this IA. If any provision of the MOU conflicts with this IA
the IA interpretation consistent with this IA shall prevail.
C. Contacts. For purposes of this section, the primary contact for the City shall be Gallatin Project Director, currently Lt. Rich McLane, Bozeman Police Department, or its designee, and for the County the primary contact shall be the Program Coordinator,
currently Jan Brownell, or its designee.
D. Special Conditions. In addition to the requirements of this IA, in fulfillment of the services provided under this section 8, the County shall comply with all requirements and Special Conditions imposed upon the City by the federal Department of Justice and
applicable to the City as recipient of the Grant (conditions attached) consisting of civil
rights requirements stipulated in the letter from Michael L. Alston, Director, Office of
Civil Rights, to Chris Kukulski dated September 23, 2011; and Special Conditions 1-30 listed in the Award Continuation Sheet dated September 23, 2011. E. Reimbursement for Services/Requests for Payment. Reimbursement to the County for
services rendered under the MOU and this section 8 shall not exceed $117,578.00 during
the Period of Performance. Reimbursements will be made to the County only for services authorized under the Grant. The County may request reimbursement from the City for services provided under this
section 8 on a monthly, quarterly, or yearly basis by submitting a request to the Project
Director. The City shall pay the County within 30 days of receipt of such request.
Notwithstanding the timing of submittal of invoices for reimbursement, on a monthly
basis the County must submit to the Project Director, as part of the required reports under
section 8.G, a budget tracking memorandum detailing all work performed by the DVVA
on behalf of the Gallatin Project including time tracking, copies of time sheets, and a narrative discussion of the work performed during the previous month.
Allowable reimbursed costs, in addition to the annual salary and benefits of the new
DVVA will be determined consistent with OMB Circular A-87: “Cost Principles for
State, Local, and Indian Tribal Governments,” (codified at 28 CFR Part 66, by reference) (also available at http://www.whitehouse.gov/omb/circulars/a087/a87_2004.html.
F. Budget Adjustments/ Special Purchases. Any expenditure not specifically allowed under
the Grant must be approved by the Project Director prior to the expenditure. The Project
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GALLATIN COUNTY & CITY OF BOZEMAN INTERLOCAL AGREEMENT FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM Page 5 of 6
Director reserves the right to modify line item budgets of all Gallatin Project members to
the extent of its authority to meet the goals and objectives of the Gallatin Project, and will
provide notification of these changes to the County.
G. Reports/ Accountability. The County agrees to develop and/or provide documentation as
requested by the City demonstrating the County’s compliance with the requirements of
the Grant, the MOU and this IA.
The County shall collect and maintain service delivery data and provide timely reports to the Project Director consistent with the requirements of the Department of Justice, the Grant, and City procedures. The County shall assist the Project Director with preparing
and submitting the reports required by DOJ/OVW and respond promptly to all requests
for documentation.
The County shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records related to services provided under this section 8
for the purpose of verifying monies distributed to the County pursuant to this section, the
MOU, and the Grant were used in compliance with this section and all applicable
provisions of federal, state, and local law. H. Funding Agreement. In addition to the funding for the Program described in Section 7,
the City and County recognize the Grant funds the DVVA fully in year one of the grant
(FY12) and at 80% and 60% in year 2 (FY13) and year 3 (FY14), respectively. As such,
the City and County agree, subject to annual general budgeting appropriations, to each contribute in FY13 and FY14 50% of the salary and benefits for the DVVA not funded
by the Grant. The amount provided by the City to the County in FY12 shall only be the
salary and benefits expended by the County on the DVVA from the date of hire through
June 30, 2012. Subject to requirements of the Grant and section 8.F, above, the City will
allocate funds from the Grant to the County to pay for equipment, travel and supplies directly attributable to the DVVA, such as software licenses, office supplies, other
equipment, local travel and travel for advanced training opportunities.
9. DISCRIMINATION. The County and City agree not to discriminate in the
fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability.
10. OTHER MATTERS. The above stated provisions constitute the entire agreement
between the parties hereto.
BOARD OF GALLATIN COUNTY COMMISSIONERS
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GALLATIN COUNTY & CITY OF BOZEMAN INTERLOCAL AGREEMENT FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM Page 6 of 6
_______________________
Chairman
CITY OF BOZEMAN
_______________________
Jeffrey Krauss, Mayor
ATTEST:
_________________________
Stacy Ullmen, CMC
APPROVED AS TO FORM
_______________________
Greg Sullivan, City Attorney
C: Montana Secretary of State, Gallatin County Clerk and Recorder
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REVISED Memorandum of Understanding: Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program/Gallatin Project Consortium, Bozeman, MT; October 2011
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On behalf of the Gallatin Project Consortium, the City of Bozeman submitted a request for
funding to the U.S. Department of Justice, Office of Violence Against Women in response to the
OVW Fiscal Year 2011 Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program (Catalog of Federal Domestic Assistance number 16.589) request for proposals. This proposal was funded effective October 1, 2011.i
In order to more effectively provide the services described in the grant proposal, the Gallatin
Project Consortium determined to include Gallatin County in the Memorandum of Understanding (MOU). Gallatin County participated in the development of the proposal and is a significant resource for victims of violence against women.ii
Therefore, the primary purpose of this Revised MOU is to add Gallatin County and revise
responsibilities of other members of the Gallatin Project Consortium to reflect this inclusion. The members of this Gallatin Project Consortium initiative include:iii
HAVEN, a non-profit, non-governmental program serving victims of domestic violence, sexual
assault, dating violence and stalking.
The Gallatin County Court Appointed Special Advocate/Guardian Ad Litem Program a
non-profit organization of volunteer Guardians ad Litem serving as advocates for abused and
neglected children.
Hearts and Homes Family Resource Network, a non-governmental, non-profit, grass roots agency providing emergency childcare and related services to victims of domestic violence,
sexual assault, dating violence and stalking.
City of Bozeman, serving the City of Bozeman with sworn law enforcement and sexual
assault/domestic violence prosecution. xiii Montana State University VOICE Center (Victim Options In Campus Environment), a
non-profit victims service center supporting and serving victims of Domestic Violence, Sexual
Assault, Dating Violence and Stalking throughout the campus community.
Montana State University Police Department, serving the MSU campus community, which
includes student and family housing and assisting the City of Bozeman with sworn law
enforcement professionals.
Sexual Assault Counseling Center, a non-profit, non-governmental program serving victims of sexual assault, dating violence and stalking.
Gallatin County; serving all residents of the County with sworn law enforcement, services for
victims of violence against women and prosecution of crimes against women.
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REVISED Memorandum of Understanding: Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program/Gallatin Project Consortium, Bozeman, MT; October 2011
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The Gallatin Project Consortium was established in 1997 for the purpose of focusing the
collaborative efforts of community agencies and local governments on the unique needs of
victims of domestic violence. In 2008, the Project’s scope was expanded to include victims of sexual assault, dating violence and stalking. This “Rural Response for Protecting Child, Youth and Adult Victims of Sexual Assault, Domestic Violence, Dating Violence and Stalking” builds
upon the many successes achieved by the Gallatin Project Consortium during the past 14 years
and incorporates lessons learned during these many years of protecting and serving the most
vulnerable members of our rural communities. ‘Rural Response’ members who will either carry out or be responsible for their organization’s
role in carrying out the work of this project are:
Rich McLane, Project Director, Bozeman Police Department.
Greg Sullivan, City Attorney, City of Bozeman.iv
Ken Stocks, Grants Specialist, Finance Department, City of Bozeman.
Christina Powell, Director, Sexual Assault Counseling Center.
Kristy McFetridge, Director, HAVEN.v
Krystal Sherrill, Legal Advocate, HAVEN.
Anita Nybo, Co-director, CASA/GAL.
Nancy Mitchell, Co-director, CASA/GAL.
Jenny Ryan, Director, Hearts and Homes.
Alanna Sherstad, Director, Montana State University VOICE Center.
Marty Lambert, County Attorney, Gallatin County.vi
Jan Brownell, Victims Assistance Program Director, Gallatin County.
Robert Putzke, Chief of Police, Montana State University
Each agency has specific responsibilities and contributes resources to the project. As the needs of
one group change or others are identified, ‘Rural Response’ members maintain the flexibility to expand their contributions to the project or to request assistance in order to maintain the strength
of the entire project while continuing to meet the goals and objectives of the grant. Each member
agrees to accept and carry out the provisions included below:
City of Bozeman(Founding Member of the Gallatin Project Consortium): The City of Bozeman accepted responsibility for coordinating development of the grant proposal
and will serve as the lead agency. Assigned staff include Project Director Rich McLane (Officer-
in-Charge of the Detective Division, Bozeman Police Department) and Grants Specialist Ken
Stocks. The City of Bozeman has determined that most tasks and responsibilities, especially
those related to project management, are within the course of the regular scope of work and are, therefore, not assigned to grant funds. Exceptions include OVW-training time for sworn law
enforcement staff (excluding the Project Director) and personnel costs for the Domestic
Violence/Sexual Assault Prosecutor.
Responsibilitiesvii
• Project Management.
o Financial Management (Project Director/Grants Specialist).
o Grant Administration (Grants Specialist).
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REVISED Memorandum of Understanding: Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program/Gallatin Project Consortium, Bozeman, MT; October 2011
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o Prepare and submit reports (Project Director/Grants Specialist).
o Coordination with MOU collaborators to ensure goals, objectives and tasks are
completed in a timely manner (Project Director).
• Assign work and monitor performance of Domestic Violence-Sexual Assault Prosecutor funded through this grant (City Attorney).
• Attend OVW-sponsored training and technical assistance for developing best practices
and improving approaches for the enhanced protection of victims (Project Director, Prosecutor, DV Prosecutor, and at least one additional police officer as assigned by the
Deputy Chief of Police).
• Coordinate development and enhancement of policies, protocols and procedures among
MOU collaborators derived from OVW-training and other resources for the enhanced protection of victims of DV, SA, Dating Violence and Stalking. (DV Prosecutor, Project
Director, City Attorney, and Deputy Chief of Police).
• Serve as ‘trained trainers’ to other MOU collaborators, prosecutor staff, Bozeman Police
Department, local governments and other community organizations that may potentially benefit from training and outreach, especially organizations serving or supporting victims. (Project Director, DV Prosecutor).
• Maintain data and identify any gaps in service, over-representation, or under-
representation within underserved populations and develop approach for better serving these groups (DV Prosecutor).
• Provide physical site for project administration.
• Apply best practices developed above in the prosecution of all misdemeanor domestic
violence cases occurring within the City of Bozeman (DV Prosecutor).
• Provide interpreter services for Persons with Limited English Proficiency (Deputy Chief of Police).
Resources
• Staff including Project Director, City Attorney, sworn law enforcement officers, police information specialists and Finance Department Liaison.
• Office space, communications, computer access and file management.
• Use of vehicles for transportation of victims and witnesses when necessary and appropriate.
• Disposable office supplies, printing and copying.
• Prosecution services including prosecutor and all support services.
• LEP telephone interpreter services.
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REVISED Memorandum of Understanding: Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program/Gallatin Project Consortium, Bozeman, MT; October 2011
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HAVEN (Founding Member of the Gallatin Project Consortium):
Responsibilities (Note: all direct costs to HAVEN resulting from participation in this grant
proposal are assigned to grant funds consistent with the NOFA and Guidelines)-
• Prepare for and participate in quarterly meetings of the ‘Rural Project’ (Director).
• Assign work and monitor performance of Legal Advocate (Director).
• Coordinate domestic violence community outreach and education through Community Education Specialist (Director).viii
• Participate in, or approve staff participation in OVW-sponsored training and technical
assistance and serve as ‘trained trainers’ for improving victim services, providing
community outreach and advocacy specific to domestic violence (Director).
• Assist with review and revision of all victims services protocols, policies and procedures
and serve as the ‘lead reviewer’ for instruments related to services for victims of
domestic violence (Director).
• Assist with design and maintenance of data base establishing baseline and monitoring services provided through this project (Director).
• Assist with project evaluation (Director).
• Strengthen victims’ services provided by HAVEN based on project outcomes, training and technical assistance including: o Emergency shelter services.
o 24/7 Crisis Hotline.
o Legal Advocacy, including assistance in obtaining temporary and permanent
orders of protection (process will be expedited and victims protection increased based on training/TA and outcomes of project) (Director). o Improve format and approach for group discussion sessions based on training,
technical assistance and other instruments developed through this project.
o Continue providing individual counseling for victims of domestic violence.
o Plan, prepare and conduct community outreach, education, awareness events, professional trainings and workshops incorporating best practices and approaches developed through OVW training/TA and project activities (Director and staff).
Resources --
• Assign qualified staff as needed for the successful completion of the project consistent with project goals and objectives, specifically in support of training, community outreach
and advocacy.
• Provide office space and administrative capacities.
• Provide access to and work with community networks developed during HAVEN’s many years of service to the community, especially for the planning and presentation of
community training and advocacy events.
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REVISED Memorandum of Understanding: Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program/Gallatin Project Consortium, Bozeman, MT; October 2011
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Court Appointed Special Advocates/Guardian Ad Litem Program (CASA/GAL) (Founding
member of the Gallatin Project Consortium):
Responsibilities (Note: all direct costs to CASA/GAL resulting from participation in this grant proposal are assigned to grant funds consistent with the NOFA and Guidelines)--
• Prepare for and participate in quarterly meetings of the ‘Rural Project’ (Co-Directors).
• Attend training and assist with development and presentation of training materials specifically related to child and youth victims of domestic violence and sexual assault,
either as primary or secondary victims (Co-directors).
• Serve as ‘trained trainers’ exporting best practices and improved approaches for serving
children and youth victims of domestic violence and sexual assault to the 59 trained CASA/GAL volunteers and 25 attorneys currently donating time to CASA/GAL (Co-
directors).
• Assist with community outreach and advocacy (Co-directors).
• Provide statistical data of services provided to assist in establishing baseline and monitoring levels of service through this project (Co-directors).
• Assist with review and revision of all victims’ service protocols, policies and procedures
(Co-Directors).
• Assist with project evaluation (Co-Director).
Resources-
• Assign qualified personnel to provide CASA/Guardian Ad Litem advocacy services, training, community outreach and education.
• 59 trained volunteers and 25 attorneys able to assist with community outreach and
education.
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REVISED Memorandum of Understanding: Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program/Gallatin Project Consortium, Bozeman, MT; October 2011
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Montana State University Victims Options In Campus Environment (VOICE) Center (a
new member of the Gallatin Project Consortium participating for the first time in a GPC
initiative): Responsibilities (Note: the VOICE Center is an MSU sponsored victims service organization.
VOICE Director Alanna Sherstad determined that all tasks, responsibilities and resources
assigned to this project were within the course of her regular scope of work and, therefore, no
costs incurred by participating in this project are charged to grant funds).—
• Prepare for and participate in quarterly meetings of the ‘Rural Project’ (Director).
• Attend OVW-sponsored advanced professional training for victims services providers
and serve as a ‘trained trainer’ to other MOU collaborators, the MSU campus population
and throughout the community, including remote portions of Gallatin County (Director).
• Assist with the development of community education presentations and development of
effective training modules and modifying as needed to specific concerns of primary target
group served by MSU: women in their late teens and early twenties, especially training
and education enhancing safety and providing protection by preventing sexual assault and stalking, or responding immediately and effectively to incidents of assault or stalking
(Director).
• Assist with developing statistical baseline of services currently provided and providing
additional data relevant to SA/DV, stalking and dating violence necessary to determine effectiveness of the project.
• Provide outreach to underserved populations within the campus community and assist the
DV Prosecutor with determining if there is a disparity in levels of service provided to
underserved populations and develop mitigation plan and approach to address documented/suspected disparities (Director).
• Coordinate design of fact sheets, brochures, flyers and similar instruments for distribution
at community presentations, training sessions and similar events; or for distribution
through electronic/internet media for enhancing services and improving protection and prevention for former and potential victims of domestic violence, sexual assault, dating violence and stalking (Director).
• Assist with project evaluation, especially regarding impact upon campus community
(Director).
Resources-
• Office space, communications and administrative capacities.
• Staff, faculty and departmental support within the MSU community.
• Contribute qualified personnel to prepare and conduct trainings and presentations as needed to achieve grant goals and objectives.
• Coordinate with other MSU resources to ensure project implementation consistent with
vision and purpose of the project.
• Capacity to conduct outreach to underserved populations to determine best approaches
and practices for providing increased levels of service regarding sexual assault, domestic
violence, dating violence and stalking.
• Contribute qualified personnel for IT, commercial design and graphics and similar technical tasks related to brochure development and social media/web-based outreach.
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REVISED Memorandum of Understanding: Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program/Gallatin Project Consortium, Bozeman, MT; October 2011
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• Capacity to coordinate with qualified personnel to assist in evaluating current policies
and procedures; recommend revisions/modifications; identify gaps in services and similar technical and professional tasks necessary to develop and sustain an effective approach and best practices for the prevention of domestic violence, sexual assault, dating violence
and stalking; and enhance protection and security for victims of violence against women.
Montana State University Police Department (a former member of the Gallatin Project Consortium)
Responsibilitiesxiii
• Prepare for and participate in quarterly meetings of the ‘Rural Project’ (as designated by Chief of Police).
• Attend OVW-sponsored training and technical assistance for developing best practices
and improving approaches for the enhanced protection of victims (one police officer, as assigned by Chief of Police).
• Assist with review, development and enhancement of policies, protocols and procedures
among MOU collaborators derived from OVW-training and other resources for the
enhanced protection of victims of DV, SA, Dating Violence and Stalking. (as designated by Chief of Police).
• Serve as ‘trained trainers’ to other MOU collaborators, prosecutor staff, other law
enforcement agencies, local governments and other community organizations that may
potentially benefit from training and outreach, especially organizations serving or supporting victims. (as designated by Chief of Police).
• Maintain data and identify any gaps in service, over-representation, or under-
representation within underserved populations and develop approach for better serving
these groups (as designated by Chief of Police). Resources
• sworn law enforcement officers, civilian support personnel and Liaison to other
university departments.
• Use of vehicles for transportation of victims and witnesses when necessary and appropriate.
• Disposable office supplies, printing and copying.
37
REVISED Memorandum of Understanding: Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program/Gallatin Project Consortium, Bozeman, MT; October 2011
Page | 8
Hearts and Homes (a founding member of the Gallatin Project Consortium):
Responsibilities (Note: all direct costs to Hearts and Homes resulting from participation in this grant proposal are assigned to grant funds consistent with the NOFA and Guidelines)--
• Prepare for and participate in quarterly meetings of the ‘Rural Project’ (Co-Directors).
• Attend training and assist with development and presentation of training materials
specifically related to child and youth victims of domestic violence and sexual assault, either as primary or secondary victims (Director).
• Provide emergency child care services to victims of domestic violence, sexual assault,
dating violence and stalking facilitating victim participation in other services provided
under this proposal while protecting victims and children from further harm (Director).
• Assist with project evaluation.
• Assist with data collection and maintenance.
• Participate in community education and outreach events. Resources-
• Physical resources including office and program space.
• Qualified staff assigned to project.
38
REVISED Memorandum of Understanding: Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program/Gallatin Project Consortium, Bozeman, MT; October 2011
Page | 9
Sexual Assault Counseling Center (a founding member of the Gallatin Project
Consortium):
Responsibilities (Note: all direct costs to SACC resulting from participation in this grant proposal are assigned to grant funds consistent with the NOFA and Guidelines)--
• Prepare for and participate in quarterly meetings of the ‘Rural Project’ (Director).
• Assist with review and revision of all victims services protocols, policies and procedures and serve as the ‘lead reviewer’ for instruments related to services for victims of sexual
assault (Director).
• Recruit, hire, assign work, supervise and provide administrative support for the Community Education Specialist. ix
• Assist with design and maintenance of data base establishing baseline and monitoring
services provided through this project (Director).
• Assist with project evaluation (Director).
Resources—
• Qualified staff.
• Access to community support services.
• 24-hour crisis line.
• Access to medical support services.
Gallatin County (a founding member of the Gallatin Project Consortium):x
Responsibilities:
• Coordinate services to victims of sexual assault, domestic violence, stalking and dating violence (Victims Assistance Program Director).
• Compile and maintain data base of all project activities and outcomes (V/W Advocate).
• Apply best practices and increased services to victims as identified and developed through OVW training/TA resources and commitment of grant resources such as counseling and support (V/W Advocate).
Resources—
• Qualified staff.
• County-wide sworn law enforcement.
• Prosecution of violent crimes against women.
• Office space, communications, computer access and file management.
39
REVISED Memorandum of Understanding: Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program/Gallatin Project Consortium, Bozeman, MT; October 2011
Page | 10
We, the undersigned representatives of the organizations listed above are authorized to enter into
this Memorandum of Understanding and designate the Planning and Development team members
of the Gallatin Project Consortium: Rural Response for Protecting Child, Youth and Adult Victims of Sexual Assault, Domestic Violence, Dating Violence and Stalking. Furthermore, we understand and accept the roles listed above and are fully committed to working together to achieve the project’s stated goals and objectives. Each of the undersigned approves the content of this
application including the proposed budget.
Chris Kukulski, City Manager, City of Bozeman Date:
Rich McLane, Project Director, Bozeman Police Department Date:
xi
Kristy McFetridge, Director, HAVEN Date:
Anita Nybo, Co-Director, CASA/GAL Date:
Nancy Mitchell, Co-Director, CASA/GAL Date:
Alanna Sherstad, Director, VOICE Date:
Jenny Ryan, Director, Hearts and Homes Date:
Christina Powell, Director, SACC Date:
xii
William A. Murdock, Commission Chair, Gallatin County Date:
xiii
Robert Putzke, Chief of Police, MSU Police Department Date:
i The original MOU (March 2011) referenced submission of the request for funding to OVW. ii Gallatin County participated in the proposal development process and is a ‘founding member’ of the Gallatin
Project Consortium. iii Other than adding Gallatin County, no other revisions were made to the list of partners. iviv City of Bozeman DV Prosecutor Annie Rooney’s name was deleted from this list. Ms. Rooney terminated her employment with the City in August 2011. v Kristy McFetridge replaced Stacey Lyons as HAVEN Director in May 2011.
40
REVISED Memorandum of Understanding: Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program/Gallatin Project Consortium, Bozeman, MT; October 2011
Page | 11
vi Marty Lambert and Jan Brownell were not included in the original MOU (March 2011). vii The Victim/Witness Advocate position was eliminated from the City’s responsibilities and added to Gallatin County. viii The full FTE for the Community Education Specialist position is transferred to SACC. CES scope of work, including DV community outreach, is not modified. ix The 0.5 FTE for the Community Education Specialist is modified to a full FTE for administrative purposes. Assigned tasks are not modified. x Gallatin County is added as a partner to the MOU. xi Former HAVEN Director Stacey Lyons signed the original MOU. Ms. Lyons was replaced by Kristy McFetridge
in May 2011. xii Mr. Murdock is added as signatory to the revised MOU. xiii MSU Police is added as a partner to the MOU with Robert Putzke added as signatory
41
Washington, D.C. 20531
Mr. Chris Kukulski
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
Dear Mr. Kukulski:
On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office on Violence Against Women has
approved your application for funding under the Rural Domestic Violence, Dating Violence, Sexual Assault and Stalking
Assistance Program in the amount of $579,781 for City of Bozeman. This award provides the opportunity for recipients to
develop and strengthen effective responses to violence against women. This program is designed to enhance victim safety in
cases of sexual assault, domestic violence, dating violence, and stalking in rural areas by encouraging collaborative
partnerships among criminal justice agencies, victim service providers and community organizations to respond to these
crimes. In addition, the program supports the provision of services to the victims of such violence, and encourages
communities to work in coordination to develop education and prevention strategies directed toward these issues.
Enclosures
September 23, 2011
Susan B. Carbon
Director
Enclosed you will find the award package. This award is subject to all administrative and financial requirements, including the
timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a
minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this
agreement and the award will be subject to termination for cause or other administrative action as appropriate.
If you have questions regarding this award, please contact Kara Moller at (202) 616-3464. For financial grants management
questions, contact the OVW Grants Financial Management Division at (202) 514-8556, or by e-mail at
ovw.gfmd@usdoj.gov. For payment questions, contact the Office of the Chief Financial Officer, Customer Service Center
(CSC) at (800) 458-0786, or by email at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Department of Justice
Office on Violence Against Women
42
Washington, D.C. 20531
Mr. Chris Kukulski
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
September 23, 2011
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to
LEP individuals, please see the website at http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious
composition of its board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently
religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's
website at http://www.ojp.usdoj.gov/ocr/etfbo.htm.
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
Dear Mr. Kukulski:
Department of Justice
Office of Justice Programs
Office for Civil Rights
43
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant
program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. §§ 42.205(5) or 31.202(5)).
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to
OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and
return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-
0690 or visit our website at http://www.ojp.usdoj.gov/ocr/.
Sincerely,
cc:Grant Manager
Financial Analyst
Michael L. Alston
Director
44
September 23, 2011
Mr. Chris Kukulski
City of Bozeman
PO Box 1230
Bozeman, MT 59771 - 1230
Reference Grant Number: 2011-WR-AX-0014
Dear Mr. Kukulski:
I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in
the cost categories identified below:
Budget
$202,929
$45,114
$24,840
$0
$21,500
$0
$265,398
$20,000
$579,781
$0
$579,781
Category
Federal Funds Approved:
Non-Federal Share:
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Construction
Contractual
Other
Total Direct Cost
Indirect Cost
Total Project Cost
Department of Justice
Office on Violence Against Women
Washington, D.C. 20531
Program Income:
$579,781
$0
Grants Financial Management Division
$0
45
If you have questions regarding this award, please contact:
- Program Questions, Kara Moller, Program Manager at (202) 616-3464
- Financial Grants Management Questions, the OVW Grants Financial Management Division at (202) 514-8556,
or by e-mail at ovw.gfmd@usdoj.gov
- Payment Questions, the Office of Chief Financial Officer, Customer Service Center(CSC)
at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Donna Simmons
Associate Director, Grants Financial Management Division
46
Grant
PAGE 1 OF
Department of Justice
Office on Violence Against Women
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AWARD AMOUNT
10. AMOUNT OF THIS AWARD
$ 0
$ 579,781
11. TOTAL AWARD $ 579,781
1A. GRANTEE IRS/VENDOR NO.
816001238
3. PROJECT TITLE
Gallatin Project Consortium: Rural Project to End Violence Against Women
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under 42 U.S.C. 13971 (OVW - Rural)
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
Susan B. Carbon
Director
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21.
FISCAL
YEAR
FUND
CODE
BUD.
ACT.OFC.
DIV.
REG.SUB.POMS AMOUNT
W5AX 29 00 00 579781
W511D00011
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Chris Kukulski
City Manager
4. AWARD NUMBER:2011-WR-AX-0014
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
6. AWARD DATE 7. ACTION
Initial
09/23/2011
TO
TO
10/01/2011
10/01/2011
09/30/2014
09/30/2014
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL
6
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Office on Violence Against Women
AWARD DATE 09/23/2011PROJECT NUMBER 2011-WR-AX-0014
SPECIAL CONDITIONS
The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office on Violence Against Women (OVW) Financial Grants Management Guide.
The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audit of States,
Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any other audits of DOJ grant funds) are not satisfactory and promptly addressed as further described in the current
edition of the OVW Financial Grants Management Guide.
Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government without the
express prior written approval of OVW, in order to avoid violation of 18 USC § 1913. The recipient may, however, use
federal funds to collaborate with and provide information to Federal, State, local, tribal and territorial public officials
and agencies to develop and implement policies to reduce or eliminate domestic violence, dating violence, sexual
assault, and stalking (as those terms are defined in 42 USC 13925(a)) when such collaboration and provision of
information is consistent with the activities otherwise authorized under this grant program.
The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any
contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries, without the express prior written approval of OVW.
1.
2.
3.
4.
5.
6.
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Office on Violence Against Women
AWARD DATE 09/23/2011PROJECT NUMBER 2011-WR-AX-0014
SPECIAL CONDITIONS
The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70.
The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and
applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal
Numbering System (DUNS) number. The details of recipient obligations are posted on the Office on Violence Against
Women web site at http://www.ovw.usdoj.gov/docs/ccr-award-term.pdf (Award condition: Central Contractor
Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition
does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business
or non-profit organization that he or she may own or operate in his or her name).
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
The grantee agrees to comply with all relevant statutory and regulatory requirements which may include, among other
relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of
2000, P.L. 106-386, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C 3711 et seq., the Violence
Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, and OVW's implementing
regulations at 28 CFR Part 90.
The Director of OVW, upon a finding that there has been substantial failure by the grantee to comply with applicable
laws, regulations, and/or the terms and conditions of the grant or cooperative agreement, will terminate or suspend until
the Director is satisfied that there is no longer such failure, all or part of the grant or cooperative agreement, in
accordance with the provisions of 28 CFR Part 18, as applicable mutatis mutandis.
The grantee agrees to submit semiannual progress reports that describe project activities during the reporting period.
Progress reports must be submitted within 30 days after the end of the reporting periods, which are January 1-June 30
and July 1 - December 31 for the duration of the award. Future awards may be withheld if progress reports are
delinquent. Grantees are required to submit this information online, through the Grants Management System (GMS), on
the semi-annual progress report for the relevant OVW grant programs.
Under the Government Performance and Results Act (GPRA) and VAWA 2000, grantees are required to collect and
maintain data that measure the effectiveness of their grant-funded activities. Accordingly, the grantee agrees to submit
semi-annual electronic progress reports on program activities and program effectiveness measures. Information that
grantees must collect under GPRA and VAWA 2000 includes, but is not limited to: 1) number of victims receiving
requested services; 2) number of persons seeking services who could not be served; 3) number of training events held
and the number of individuals trained; 4) number of protection orders issued; 5) number of policies developed and/or
revised; and 6) number of communities with an improved coordinated community response.
A final report, which provides a summary of progress toward achieving the goals and objectives of the award,
significant results, and any products developed under the award, is due 90 days after the end of the award. The Final
Progress Report should be submitted to the Office on Violence Against Women through the Grants Management
System with the Report Type indicated as "Final".
7.
8.
9.
10.
11.
12.
13.
14.
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Office on Violence Against Women
AWARD DATE 09/23/2011PROJECT NUMBER 2011-WR-AX-0014
SPECIAL CONDITIONS
The recipient agrees that it will submit quarterly financial status reports to OVW on-line (at
https://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form (available for viewing at
www.whitehouse.gov/omb/grants/standard_forms/ff_report.pdf), not later than 30 days after the end of each calendar
quarter. The final report shall be submitted not later than 90 days following the end of the award period.
The grantee agrees to allocate project funds as designated by the Office on Violence Against Women for allowable
costs to participate in OVW-sponsored technical assistance. Funds designated for OVW-sponsored technical
assistance may not be used for any other purpose without prior approval of OVW and the issuance of a Grant
Adjustment Notice (GAN) permitting such use. Technical assistance includes, but is not limited to, peer-to-peer
consultations, focus groups, mentoring site visits, conferences and workshops conducted by OVW-designated technical
assistance providers or OVW-designated consultants and contractors.
The grantee will provide the Office on Violence Against Women (OVW) with the agenda for any training seminars,
workshops, or conferences not sponsored by OVW that project staff propose to attend using grant funds. The grantee
must receive prior approval from OVW before using OVW grant funds to attend any training, workshops, or
conferences not sponsored by OVW. To request approval, grantees must submit a Grant Adjustment Notice (GAN)
request through the grants management system to OVW with a copy of the event's brochure, curriculum and/or agenda,
a description of the hosts or trainers, and an estimated breakdown of costs. The GAN request should be submitted to
OVW at least 20 days before registration for the event is due. Approval to attend non-OVW sponsored programs will
be given on a case-by-case basis.
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the Office on Violence Against Women prior to obligation or
expenditure of such funds.
The recipient agrees to submit one copy of all required reports and any other written materials or products that are
funded under the project to OVW not less than twenty (20) days prior to public release. If the written material is found
to be outside the scope of the program, or in some way to compromise victim safety, it will need to be revised to
address these concerns or the grantee will not be allowed to use project funds to support the further development or
distribution of the materials.
All materials and publications (written, visual, or sound) resulting from award activities shall contain the following
statements: "This project was supported by Grant No. __________________ awarded by the Office on Violence
Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in
this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department
of Justice, Office on Violence Against Women.
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion.
15.
16.
17.
18.
19.
20.
21.
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Department of Justice
Office on Violence Against Women
AWARD DATE 09/23/2011PROJECT NUMBER 2011-WR-AX-0014
SPECIAL CONDITIONS
The grantee agrees that grant funds will not support activities that may compromise victim safety, such as: pre-trial
diversion programs not approved by OVW or the placement of offenders in such programs; mediation, couples
counseling, family counseling or any other manner of joint victim-offender counseling; mandatory counseling for
victims, penalizing victims who refuse to testify, or promoting procedures that would require victims to seek legal
sanctions against their abusers (e.g., seek a protection order, file formal complaint); or the placement of perpetrators in
anger management programs.
The grantee agrees to submit for OVW review and approval any anticipated addition of, removal of, or change in
collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding, and if
applicable, the Internal Memorandum of Agreement.
Pursuant to 28 CFR §66.34, the Office on Violence Against Women reserves a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, in whole or in part (including
in the creation of derivative works), for Federal Government purposes:
(a) any work that is subject to copyright and was developed under this award, subaward, contract or subcontract
pursuant to this award; and
(b) any work that is subject to copyright for which ownership was purchased by a recipient, subrecipient or a contractor
with support under this award.
In addition, the recipient (or subrecipient, contractor or subcontractor) must obtain advance written approval from the
Office on Violence Against Women program manager assigned to this award, and must comply with all conditions
specified by the program manager in connection with that approval before: 1) using award funds to purchase ownership
of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new
work developed under this award.
It is the responsibility of the recipient (and of each subrecipient, contractor or subcontractor as applicable) to ensure
that this condition is included in any subaward, contract or subcontract under this award.
The recipient agrees not to use grant funds to provide legal representation in civil or criminal matters, such as family
law cases (divorce, custody, visitation and child support), housing cases, consumer law cases and others. Grant funds
may be used to provide legal representation to victims of domestic violence, dating violence, sexual assault or stalking
only in the limited context of protection order proceedings (either temporary of tong term relief), or for limited
immigration matters that my impact and affect the victim's ability to maintain safety (such as U-Visas).
The grantee agrees that funds will only be used to carry out programs serving rural areas or rural communities as
defined by 42 USC section 13925(a)(21), and as documented in the final application project narrative. By statute a
rural area is (a) any area or community, respectively, no part of which is within an area designated as a standard
metropolitan statistical area by the Office on Management and Budget; or (b) any area or community, respectively, that
is i) within an area designated as a metropolitan statistical area or considered as part of a metropolitan statistical area;
and ii) located in a rural census tract.
The grantee agrees that funds will not be used to address services for children, unless (a) the child's parent or guardian
is a victim of sexual assault, domestic violence, dating violence or stalking receiving services with grant funds; or (b)
the child receiving services is a victim of sexual assault.
22.
23.
24.
25.
26.
27.
OJP FORM 4000/2 (REV. 4-88)
6
51
AWARD CONTINUATION
SHEET
Grant
PAGE 6 OF
Department of Justice
Office on Violence Against Women
AWARD DATE 09/23/2011PROJECT NUMBER 2011-WR-AX-0014
SPECIAL CONDITIONS
The grantee agrees not to use grant funds to implement broad-scoped education and prevention curricula for
elementary, middle or high school students such as bullying or character building educational programs. Grantees may
use grant funds to develop prevention, education and outreach programs and materials for sexual assault, domestic
violence, dating violence and/or stalking.
As a new grant recipient under this grant program, the grantee agrees to send its project coordinator, plus one other
person, to an OVW technical assistance new grantee orientation seminar. Additionally, if there is a change in the
project coordinator during the grant period, the grantee agrees to send the new project coordinator, regardless of prior
experience with this or any other federal grant, to an OVW technical assistance new grantee orientation seminar.
The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in
certain circumstances, to report the names and total compensation of the five most highly compensated executives of
the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward
Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the Office on Violence Against Women web site at:
http://www.ovw.usdoj.gov/docs/ffata-award-term.pdf (Award condition: Reporting Subawards and Executive
Compensation), and are incorporated by reference here. This condition, and its reporting requirement does not apply to
grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-
profit organization that he or she may own operate in his or her name).
28.
29.
30.
OJP FORM 4000/2 (REV. 4-88)
6
52
Memorandum To:
From:
Subject:
Washington, D.C. 20531
Marnie Shiels, Attorney Advisor
Categorical Exclusion for City of Bozeman
The Rural Domestic Violence, Dating Violence, Sexual Assault, and Stalking Assistance Program implements
certain provisions of the Violence Against Women Act, which was enacted in September 1994 as Title IV of the
Violent Crime Control and Law Enforcement Act of 1994, the Violence Against Women Act of 2000 and the
Violence Against Women and Department of Justice Reauthorization Act of 2005. The primary purpose of the
program is to enhance victim safety in cases of domestic violence, dating violence, sexual assault, and stalking in
rural areas by encouraging collaborative partnerships among criminal justice agencies, victim service providers and
community organizations to respond to these crimes. In addition, the program supports the provision of services to
the victims of such violence, and encourages communities to work in coordination to develop education and
prevention strategies directed toward these issues.
None of the following activities will be conducted under the OVW federal action:
1. New construction.
2. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of
Historic Places or (b) located within a 100-year floodplain.
3. A renovation which will change the basic prior use of a facility or significantly change its size.
4. Research and technology whose anticipated and future application could be expected to have an effect on the
environment.
5. Implementation of a program involving the use of chemicals.
Consequently, the subject federal action meets the criteria for a categorical exclusion as contained in paragraph
4.(b) of Appendix D to Part 61 of the Code of Federal Regulations (adopted by OVW at 28 CFR § 0.122(b)).
Official Grant File
Department of Justice
Office on Violence Against Women
53
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
1. STAFF CONTACT (Name & telephone number)
PROJECT NUMBER
6. NAME & ADRESS OF SUBGRANTEE
7. PROGRAM PERIOD 8. BUDGET PERIOD
9. AMOUNT OF AWARD 10. DATE OF AWARD
11. SECOND YEAR'S BUDGET
2011-WR-AX-0014
2. PROJECT DIRECTOR (Name, address & telephone number)
4. TITLE OF PROJECT
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
5. NAME & ADDRESS OF GRANTEE
Grant
This project is supported under 42 U.S.C. 13971 (OVW - Rural)
Kenneth Stocks
Grants Coordinator
PO Box 1230
Bozeman, MT 59771
(406) 582-2940
PAGE 11OF
The Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Assistance Program implements certain provisions of the Violence Against Women
Act, which was enacted in September 1994 as Title IV of the Violent Crime Control and Law Enforcement Act of 1994, the Violence Against Women Act of 2000
and the Violence Against Women and Department of Justice Reauthorization Act of 2005. The primary purpose of the program is to enhance victim safety in cases
of domestic violence, dating violence, sexual assault, and stalking in rural areas by encouraging collaborative partnerships among criminal justice agencies, victim
service providers and community organizations to respond to these crimes. In addition, the program supports the provision of services to the victims of such
violence, and encourages communities to work in coordination to develop education and prevention strategies directed toward these issues.
City of Bozeman, Montana and five victim services organizations (Montana State University VOICE Center, HAVEN, Sexual Assault Counseling Center, Hearts
and Homes, and Court Appointed Special Advocates/Guardian ad Litem) make up the Gallatin Project Consortium (GPC) members who will implement the Rural
Kara Moller
(202) 616-3464
OJP FORM 4000/2 (REV. 4-88)
Gallatin Project Consortium: Rural Project to End Violence Against Women
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
TO:10/01/2011 09/30/2014FROM:TO:10/01/2011 09/30/2014FROM:
09/23/2011 $ 579,781
3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
3a. TITLE OF THE PROGRAM
OVW FY 11 Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Assistance Program
Department of Justice
Office on Violence Against Women
54
Project to End Violence Against Women. Through this initial award, prior rural grant funded efforts will be continued and grant funds will be used to increase
staffing, attend and conduct training, and enhance services to victims of violence against women. Specifically the project will: 1) identify, revise and adopt at least
three policies, procedures or protocols that enhance victim safety, at least one of which will enhance safety for victims over 50 years of age, and one targeting
another underserved population (e.g.; GLBTQ); 2) provide OVW training to at least one prosecutor and two sworn law enforcement officers who will then serve as
"trained trainers" to at least 150 victim services providers and police officers throughout Gallatin County; 3) obtain at least 164 temporary orders of protection for
victims of sexual assault, domestic violence, dating violence and stalking (an 8% increase from FY 2010) and at least 50% of these will become permanent orders of
protection (a 9% increase from FY 2010); 4) improve services to victims of sexual assault, domestic violence, dating violence or stalking by demonstrating a 10%
increase in services provided compared to levels of service provided during FY 2010 by direct comparison of year-end data to the baseline database developed
during the first three months of the project; and 5) conduct at least 10 community awareness/advocacy presentations, including at least one in every community
within Gallatin County with a population of 1,000 or more, with at least two of these meetings focused on specific, underserved populations such as elderly and/or
GLBTQ, with a total participation of at least 200 people being trained.
CA/NCF
55