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Home My WebLink About11- Agreement for Services and Receipt of Grant Funds for 2011 OVW Grant Award for the Gallatin Project, GuardianAGREEMENT FOR SERVICES AND RECEIPT OF GRANT FUNDS FOR 2011 OVW GRANT AWARD TO THE GALLATIN PROJECT The CITY OF BOZEMAN, MONTANA, a self governing municipal corporation, organized and existing under its Charter and the laws of the State of Montana, with a physical address of 121 North Rouse Ave,, Bozeman, MT and a mailing address of PO Box 1230, Bozeman, MT 59771 ("City") and the Court Appointed Special Advocate/Guardian ad Litern (Guardian), a non-profit program serving victims of domestic violence, sexual assault, dating violence, stalking, and child sexual abuse with a mailing address of: Law and Justice Center, 615 South Sixteenth Street, Bozeman, MT 59715, agree as follows: 1. Award of Grant/ Purpose-, On September 23, 2011 the federal Department of Justice, Office on Violence Against Women (OVW) awarded the City of Bozeman (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") Grant Number: 2011-WR-AX-0014; CFDA 16,589, (the "Grant"). GUARDIAN agrees to participate in the Gallatin Project consistent with the grant proposal submitted to OVW on March 17, 2011 (hereinafter referred to as the "Grant Proposal" and as detailed in the Memorandum of Understanding (MOU) executed on behalf of this project on March 11, 2011 (as revised in October 2011). The City and GUARDIAN enter into this agreement to: (i) facilitate the completion of all tasks, objectives and goals described in the Grant Proposal and MOU: (ii) ensure compliance with OVW and City reporting requirements; and (iii) provide timely payment for services provided by GUARDIAN to the Gallatin Project. 2. Period of Performance: This Agreement shall commence upon signing by both parties and shall end no later than September 30, 2014 unless otherwise terminated pursuant to Section 10, 3. Scope of Work: GUARDIAN shall provide services to the City and Gallatin Project consistent with the Grant, the MOU, and the Grant Proposal, which are hereby incorporated by reference and made a part of this Agreement. 4. Contacts'. The primary contact for the City shall be Project Director Lt. Rich McLane, Bozeman Police Department and for GUARDIAN Executive Director Christina Powell, Notices under this Agreement shall be made to the addresses listed above. AGREEMENT FOR SERVICES AND RECEIPT OF GRANT FUNDS FOR 2011 OVW GRANT AWARD TO THE GALLATIN PROJECT Page 1 of 4 5. Special Conditions: In addition to the requirements of this Agreement, GUARDIAN shall comply with all requirements and Special Conditions imposed upon the City by the federal Department of Justice and applicable to the City of Bozeman as recipient of the Grant (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, 6. Reimbursement for Services/Requests for Payment: Reimbursement to GUARDIAN for services rendered under the Grant and this Agreement shall not exceed $16,980 during the Period of Performance. Reimbursements will be made to GUARDIAN only for services authorized under the Grant. All requests for reimbursement shall be submitted to the Project Director within ten (10) days of the end of each calendar month. Requests must include budget tracking invoice of all work performed on behalf of the Gallatin Project including receipts, copies of time sheets, and a narrative justification of the amount requested. Allowable costs will be determined consistent with 2 CIFR 230 and OMB Circular A-122: Cost Principles for Non-Profit Organizations. Payment will be remitted by the City to GUARDIAN within two weeks of approval of submitted invoices. 7. Budget Adjustments/ Spe ial Purchases., All expenditures not specifically allowed under the grant must be approved by the Project Director prior to purchase. The Project Director reserves the right to modify line item budgets to the extent of his authority to meet the goals and objectives of the project, and will provide notification of these changes to all sub-recipients. 8. Reports/ Accountability: GUARDIAN agrees to develop and/or provide documentation as requested by the City demonstrating GUARDIAN's compliance with the requirements of the Grant, the MOU and this Agreement. GUARDIAN 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. GUARDIAN shall assist the Project Director with preparing and submitting the reports required by DOJ/OVW and respond promptly to all requests for documentation. AGREEMENT FOR SERVICES AND RECEIPT OF GRANT FUNDS FOR 2011 OVW GRANT AWARD TO THE GALLATIN PROJECT Page 2 of 4 GUARDIAN shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to GUARDIAN pursuant to this Agreement, the MOU, and the Grant was used in compliance with this Agreement and all applicable provisions of federal, state, and local law, 9. Discrimination: GUARDIAN agrees 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. Default and Termination: If either party fails to comply with any condition of this Agreement at the time or in the manner provided for, the other party may, at its option, terminate this Agreement and be released from all obligations if the default is not cured within thirty (30) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Either party may terminate this Agreement without cause on ninety (90) days written notice to the other party. 11. Independent Contractor: HAVEN agrees that it and its officers and employees are an independent contractor and: a. it is a separate legal entity independent from the City; b. neither it or its officers and employees are agents of the City; c. neither it or its officers and employees are authorized to act on behalf of the City, its Commissioners, officers, departments, or employees; and d. it is not under the control of the City. 12. Indemnity/ Insurance: GUARDIAN agrees to indemnify, defend, and save the City, its officers, agents, and employees harmless from any and all losses, damage, and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of GUARDIAN or its agents or employees as it carries out the purposes and functions of the Grant and this Agreement. During the term of this Agreement GUARDIAN shall carry general liability insurance, issued by a reliable company or companies authorized to conduct business in the State of Montana. The insurance shall cover personal injury, professional errors and omissions, and property damage, in the following amounts: AGREEMENT FOR SERVICES AND RECEIPT OF GRANT FUNDS FOR 2011 OVW GRANT AWARD TO THE GALLATIN PROJECT Page 3 of 4 • Workers' Compensation — statutory required amounts • Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate • Professional Liability - $1,000,000 per claim, $2,000,0100 annual aggregate The insurance shall be in a form acceptable to the City and through proper endorsement name the City of Bozeman as an additional insured on a primary non-contributory basis. The insurance shall be subject to no less than 30 days notice of cancellation to the City. 13. Assignment: Grantee may not assign responsibility for performance of the Grant to any other person or entity without the express written consent of City. 14. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. v no Date: LLLL-L2 Anita Nybo, CO-Director CASA/GAL AGREEMENT FOR SERVICES AND RECEIPT OF GRANT FUNDS FOR 2011 OVW GRANT AWARD TO THE GALLATIN PROJECT Page 4 of 4