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HomeMy WebLinkAbout11- Victim / Witness Assistance Program interlocal agreement with Gallatin County and City GALLATI.N COUNTY & CITY OF BOZEMAN INTERLOCAL AGREEMENT FOR THE VICTIM/'WITNESS ASSISTANCE PROGRAM THIS AGREEMENT is made and entered into this 154ay of November, 2011 between Gallatin County Montana(County) and the City of Bozernan, 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 VictimlWitness Assistance Program ("1997 Agreement") and a .Memorandum of Understanding Between the City of Bozeman and Gallatin County RE:A New Full-time VictimlWitness 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. GALLATIN COUNTY&CITY OF BOZEMAN INTERLOCAL AGREEMENT FOR THE VICTINIAVITNESS ASSISTANCE PROGRAM Page I of 25 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 1A. control the terms and conditions related to the County's provision of services for an additional grant funded Domestic Violence Victim Advocate (DVVA). This 1A 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/ TERMINATIONIDISPOSAL 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 GALLATIN COUNTY&CITY OF BOZEMAN INTERLOCAL AGREEMENT FOR THE VICT I NMITNESS ASSISTANCE PROGRAM Page 2 of 6 26 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 TA, 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 QVW 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" GALLATIN COUNTY&CITY OF BOZE MA N INTERLOCAL AGREEMENT FOR THE VICTINIAVITNESS ASSISTANCE PROGRAM Page 3 of 27 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 1A 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 uests, 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 Cireular 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. B dgret Adjustments/ Special Purchases. Any expenditure not specifically allowed under the Grant must be approved by the Project Director prior to the expenditure. The Project GALLATIN COUNTY&CITY OF BOZEMAN INTERLOCAL AGREEMENT FOR THE VICTIMINVITNESS ASSISTANCE PROGRAM Page 4 of 6 28 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. Retorts/ 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 I.A. 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. 1-1. 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 ( Y13) 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 FYI 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 8.17, 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 GALLATIN COUNTY&CITY OF BOZEs✓IAN INTERLOCALAGREEMEN'T FOR THE VICTINIAVITNESS ASSISTANCE PROGRAM Page 5 of G 29 a Chairman CITY OF BOZEMAN r of r Krauss, Mayor AT"PEST ~ , YA L-0-4-ti, Stacy eye end APPR0VV 01" C}R g Sullivan, City Attorney C: Montana Secretary of State, Gallatin County Clerk and Recorder GALLATIN COUNTY&CITY OF BOZENt-XN INTERLOCAL AGREEMENT FOR THE VICTIMAVITNESS ASSISTANCE PROGRAM Purge 6 of 6 30