HomeMy WebLinkAboutSub-Recipient Agreement with Gallatin County for the Missouri River Drug Task Force
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Ron Price, Chief of Police
SUBJECT: Authorize City Manager to sign Sub-Recipient Agreement with Gallatin County for Missouri River Drug Task Force.
MEETING DATE: February 25, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager to sign a sub-recipient agreement with
Gallatin County for the purpose of passing federal grant funds in support of the Missouri River Drug Task Force.
BACKGROUND: The Bozeman Police Department participates with several other local,
county and federal entities to form the Missouri River Drug Task Force. The members of the
task force conduct drug investigations, at both the local and regional level. Funding of task force
operations is partially supported by federal grant funding received from the Montana Board of Crime Control. Gallatin County acts as the fiscal agent and primary project administrator for the federal funding and requires a sub-recipient agreement with the City of Bozeman in order to
ensure proper use and controls of the funding. The attached agreement memorializes the
responsibilities of both the project administrator and sub-recipient agencies. The agreement has
been reviewed for format by the City Attorney.
UNRESOLVED ISSUES: None.
ALTERNATIVES:
FISCAL EFFECTS: Provides for sub-recipient receipt of $52,084 in grant funding to support
investigation of drug related offenses.
Attachments: Missouri River Drug Task Force Sub-recipient Grant Agreement
Report compiled on: February 1, 2013
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RESOLUTION 2012 -
A RESOLUTION BY GALLATIN COUNTY APPROVING A
SUBRECIPIENT CONTRACT WITH THE CITY OF BOZEMAN
MONTANA FOR THE PURPOSE OF PASSING FEDERAL GRANT FUNDS FOR THE MISSOURI RIVER DRUG TASK
FORCE PROJECT
This resolution was introduced by ___________, moved by
Commissioner____________, seconded by Commissioner_______________ and
approved by a vote ___ in favor and ___ opposed on _______________, 2012.
WHEREAS, the Board of County Commissioners has previously entered into sub recipient contracts
with other municipalities regarding the passing of federal grant funds received from the Montana Board of
Crime Control for the operation of the Missouri Drug Task Force; and
WHEREAS, the parties have negotiated a sub recipient contract beginning July 1, 2012 and
terminating June 30, 2013; and
WHEREAS, the Board of County Commissioners finds and determines that approval and ratification of
said agreement is in the best interest of residents of the Gallatin County will promote the general health, safety
and welfare.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE GALLATIN COUNTY BOARD OF
COMMISSIONERS THAT A SUBRECIPIENT AGREEMENT BETWEEN GALLATIN COUNTY AND THE
CITY OF BOZEMAN IS APPROVED, as follows:
SECTION 1. That the sub recipient contract, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by this reference, by and between the Gallatin
County and the City of Bozeman, is hereby approved.
SECTION 2. The City Manager for the City of Bozeman is hereby authorized to execute and
administer such agreement for and on behalf of the City of Bozeman.
SECTION 3. This Resolution shall be effective upon passage, approval and signatures
hereon in accordance with law.
Adopted this __ day of ______, 2012.
BOARD OF COMMISSIONERS GALLATIN COUNTY
________________________________ R. Stephen White, Chair
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ATTEST: __________________________________
Charlotte Mills Clerk and Recorder
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MISSOURI RIVER DRUG TASK FORCE PROGRAM
FACE SHEET
CONTRACTOR IS A SUBGRANTEE VENDOR CONTRACT NUMBER:
1. SUBRECIPIENT NAME/ADDRESS: Agency: City of Bozeman 615 S.16th, P.O. Box 1230 Bozeman, MT 59715
2. ORIGINAL CONTRACT AMOUNT: $52,084 5. PREVIOUS CONTRACT AMOUNT:
3. CASH MATCH REQUIREMENT: $22,321 6. MODIFICATION AMOUNT:
4. TOTAL CONTRACT AMOUNT: $74,405 7. NEW TOTAL CONTRACT AMOUNT:
8. SUBRECIPIENT CONTACT INFO:
Name: Ron Price, Chief of Police
Phone: Fax: (406) 582-2000
9. COUNTY PROGRAM CONTACT
INFO: Larry Watson, Grants & Projects Administrator, Gallatin County, 311 West Main , Room 304,Bozeman, MT 59715
10. COUNTY FISCAL CONTACT INFO: City of Bozeman
Attn: Ron Price, Chief of Police 615 South 16th, P. O. Box 1230
Bozeman, MT 59771
11. CONTRACT START DATE: 07/01/12
12. CONTRACT END DATE 06/30/13
l3. FUNDING AUTHORITY: Montana Board of Crime Control/US Department of Justice FEDERAL FUNDING
14. CFDA NUMBERS(s):
16.738
15. CFDA TITLE(S): Edward Byrne Memorial Justice Assistance Grant Program
16. PURPOSE: To provide local and tribal governments with U.S. Department of Justice, Bureau of Justice Assistance funds to interdict gang and drugs through the multi-jurisdictional efforts of law enforcement and prosecution.
EXHIBITS: When the box below is Contract by reference: marked with an X, the following Exhibits are attached and are incorporated into this
17.1 Exhibits (specify): EXHIBIT A. :
This Contract contains all of the terms and conditions agreed upon by the parties and all documents attached or incorporated by reference, include Basic Interagency Agreement or its successor. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Contract and have authority to enter into this Contract.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
R. Stephen White, Chairman Name, Title
Joe Skinner, Commissioner
Date
Attest:
William A. Murdock, Commissioner
Constituting the Board of County Commissioners for Gallatin County, Montana
Approved as to form:
Marty Lambert Gallatin County Attorney
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EXHIBIT "A"
GENERAL TERMS AND CONDITIONS
In consideration of the covenants, conditions, performances, and provisions hereinafter
contained, the parties hereto agree as follows:
1. Definitions: The words and phrases listed below, as used in the Contract, shall have the
following definitions:
A. "Contract" means this Contract and the Contractor Contract on General Terms and
Conditions and any Exhibits and other documents attached or incorporated by reference.
B. "CFR" means Code of Federal Regulations. All references in this Contract to CFR
chapters or sections shall include any successor, amended, or replacement regulation. The CFR may be accessed at http://www.gpoaccess.gov/cfr/index.html.
C. "Debarment" means an action taken by a federal official to exclude a person or
business entity from participating in transactions involving certain federal funds.
D. General Terms and Conditions" means the contractual provisions contained within
this Contract, which govern the contractual relationship between the County and the
Contractor, under this Contract.
E. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances,
education, business, use or receipt of governmental services or other activities,
addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "Principals," which includes officers, members of the Board of Directors, owner(s),
or other person(s) with management or supervisory responsibilities relating to the transaction.
G. "MCA" means the Montana Code Annotated. All references in this Contract to
MCA chapters or sections shall include any successor, amended, or replacement
statute.
H. "Subcontract" means a separate contract between the Contractor and an individual
or entity ("Subcontractor") to perform all or a portion of the duties and obligations
that the Contractor shall perform pursuant to this Contract.
I. "USCA" means United States Code Annotated. All references to USCA chapters or
sections in this Contract shall include any successor, amended, or replacement
statute. The USCA may be accessed at ttp://www.gpoaccess.gov/uscode/index.html
Page 2 of 10 44
EXHIBIT "A"
2. Amendment: This Contract, or any term or condition, may only be modified in writing and
signed by both parties. Only personnel authorized to bind each of the parties shall sign an
amendment.
3. Assignment: Except as otherwise provided herein, the Contractor shall not assign rights or
obligations derived from this Contract to a third party without the prior, written consent of
the County and the written assumption of all of the Contractor's obligations in this
Contract by the third party.
4. Billing Limitations: Contractor shall maintain a written record of expenses and submit
quarterly invoices detailing expenses for reimbursement to: Gallatin County Sheriff’s
Office, 615 South 16th Avenue, Bozeman, MT 59715. The County shall pay the Contractor
within 45 days after receiving an invoice and proper supporting documentation. All billings must be received no later than 5 days after the close of the contract to be
considered for payment.
The decision to approve or deny payment of claims for services submitted after more than 60 days shall rest solely with the County and the County’s decision shall be final and not
capable of right to appeal.
5. Circulars "COMPLIANCE MATRIX": The following compliance matrix identifies the
OMB Circulars that contain the requirements, which govern expenditure of federal funds.
These requirements apply to the primary recipient of federal funds, and then follow the funds to the Sub recipients. The federal Circulars, which provide the applicable
administrative requirements, cost principles and audit requirements, are identified by sub
recipient organization type.
COMPLIANCE MATRIX
OMB CIRCULAR
ENTITY TYPE ADMINISTRATIVE
REQUIREMENTS
COST
PRINCIPLES
AUDIT
REQUIREMENTS
State. Local and Indian
Tribal Governments &
Governmental Hospitals
A-102 &
Common Rule
A-87 A-133
Page 3 of 10 45
EXHIBIT "A"
6. Compliance with Applicable Law: At all times during the term of this Contract, the
Contractor and the County shall comply with all applicable federal, state, and local laws, regulations, and rules, including but not limited to non-discrimination laws and
regulations.
7. Confidentiality: The parties shall use Personal Information and other confidential
information gained by reason of this Contract only for the purpose of this Contract. The County and the Contractor shall not disclose, transfer, or sell any such information to any
other party, except as provided by law or, in the case of Personal Information except as
provided by law or with the prior written consent of the person to whom the Personal
Information pertains. The parties shall maintain the confidentiality of all Personal
Information and other confidential information gained by reason of this Contract and shall return or certify the destruction of such information if requested in writing by the party to
this Contract that provided the information
8. Debarment Certification: The Contractor, by signature to this Contract, certifies the
Contractor, its Principles and any Subcontractors are not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded by any Federal
department or agency from participating in transactions (debarred). The Contractor also
agrees to include the above language notification requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify the County if, during the
term of this Contract, the Contractor, its Principles or Subcontractors becomes debarred.
The County may immediately terminate this Contract by providing the Contractor written
notice if the Contractor becomes debarred during the term of this Contract.
9. Disputes: A Dispute Board shall determine Disputes between the parties in the following
manner: Each party shall appoint one member to the Dispute Board. The members
appointed shall jointly appoint an additional member to the Dispute Board. The Dispute
Board shall review the facts, Contract terms, and applicable statutes and rules and make a determination. This process shall constitute the final administrative remedy available to the
parties. Each party reserves the right to litigate issues and matters in court de novo.
10. Documentation for Reimbursement Requests: At the Contractor's first request for
reimbursement, the Gallatin County Grants & Projects Department will require detailed
back-up documentation for all expenditures. On subsequent invoices, the monthly activity report and a printout from the Contractor's accounting system listing the expenditures charged against the contract will be acceptable. All back-up documentation must be
available to the County and all other auditors, upon request. Reimbursement of
expenditures for staff time spent on more than one source will require timesheets
reflecting hours charged to the contract.
11. Entire Contract: This Contract including all documents attached to or incorporated by reference; contain all the terms and conditions agreed upon by the parties. No other
understandings or representations, oral or otherwise, regarding the subject matter of this
Contract shall be deemed to exist or bind the parties.
12. Governing Law, Venue, and Jurisdiction: This Agreement shall be governed by the
laws of the State of Montana. Any action to enforce this Agreement shall be brought in the
District Court of the Eighteenth Judicial District, Gallatin County Montana.
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13. Independent Status: For purposes of this Contract, the Contractor acknowledges that
the Contractor is not an officer, employee, or agent of the County. The Contractor shall
not hold out itself or any of its employees as, nor claim status as, an officer, employee, or
agent of the County. The Contractor shall not claim for itself or its employees any rights, privileges, or benefits, which would accrue to an employee of the County. The Contractor shall indemnify and hold harmless the County from all obligations to pay or withhold
federal or state taxes or contributions on behalf of the Contractor or the Contractor's
employees.
The parties agree that, for the purposes of this Contract, the Contractor is an independent
contractor and neither the Contractor nor any employee of the Contractor is an employee
of the County. Neither the Contractor nor any employee of the Contractor is entitled to
any benefits that Gallatin County provides its employees. The Contractor is solely
responsible for payment of any statutory workers compensation or employer's liability insurance as required by state law.
14. Inspection: Either party may request reasonable access to the other party's records and
place of business for the limited purpose of monitoring, auditing, and evaluating the other
party's compliance with this Contract and applicable laws and regulations. During the term
of this Contract and for one year following termination or expiration of this Contract, upon
receiving reasonable written notice, the parties shall provide the other party with access to
its place of business and to its records, which are relevant to its compliance with this Contract, and applicable laws and regulations. This provision shall not be construed to give
either party access to the other party's records and place of business for any other purpose.
Nothing herein shall be construed to authorize either party to possess or copy records of the
other party.
15. Insurance: The CONTRACTOR certifies that it shall carry comprehensive general
liability insurance in the amount no less than $1,500,000.00 for each occurrence;
Automobile liability in the amount of $1,500,000.00 combined single limit; Professional
Liability or Errors and Omissions coverage in the amount of $1,500,000.00. All insurance
policies shall be primary and noncontributory and shall name Gallatin COUNTY as
additional insured. Such certificate shall require no less than 15 days notice of cancellation to COUNTY. CONTRACTOR shall put COUNTY on immediate notice of any changes or
cancellation in coverage. CONTRACTOR shall require all consultants, and subcontractors
to meet the same insurance coverage. During the term of the contract, the Contractor shall
maintain in force, at its expense, insurance as noted below. There shall be no cancellation,
material change, reduction in limits or intent not to renew the insurance coverage(s)
without 30 days written notice from the contractor or its insurer(s) to the participating
agencies.
16. CONDITION PRECEDENT DELIVERY OF DOCUMENTS: CERTIFICATE
OF INSURANCE / WORKERS COMPENSATION / INDEPENDENT CONTRACTOR STATUS. As a condition precedent to this agreement binding the parties, on or before execution of this agreement CONTRACTOR shall deliver to the COUNTY original or certified copies of the Certificate of Insurance, Certificate of Workers
Compensation Coverage, Independent Contractors License, and any other documents
required. CONTRACTOR shall cooperate in good faith and shall deliver, upon request,
such other and further documents as may be reasonably required to determine CONTRACTOR’s strict compliance with the required insurance, workers compensation coverage and independent CONTRACTOR status and the terms and conditions of this
agreement.
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17. Maintenance of Records: During the term of this Contract and per state law for seven
years following termination or expiration of this Contract, both parties shall maintain records sufficient to:
A. Document performance of all acts required by law, regulation, or this Contract;
B. Demonstrate accounting procedures, practices, and records that sufficiently and
properly document the Contractor's invoices to the County and all expenditures
made by the Contractor to perform as required by this Contract. C. For the same period, the Contractor shall maintain records sufficient to substantiate the Contractor's statement of its organization's structure, tax status, capabilities, and
performance.
18. Nondiscrimination: The Contractor agrees that it shall not discriminate against any person
on the grounds of race, creed, color, religion, national origin, sex, sexual orientation,
age, marital status, political affiliation or belief, or the presence of any sensory, mental
or physical handicap pursuant to the Americans with Disabilities Act (42 USC 12101 et
seq.) In the event the Contractor violates this provision, the County may terminate this
Contract immediately and bar the Contractor from performing any services for the County in the future.
19. Order of Precedence: In the event of an inconsistency in this Contract, unless otherwise
provided herein, the inconsistency shall be resolved by giving precedence, in the
following order, to:
A. Applicable Federal and State of Montana statutes and regulations;
B. Special Terms and Conditions of this Contract;
C. This Contract.
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EXHIBIT "A"
20. Ownership of Material: Copyright in all material created by the Contractor and paid for by
the County shall be the property of the State of Montana. Both County and Contractor
may use these materials and permit others to use them, for any purpose consistent with
their respective missions as part of the State of Montana. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound
reproductions; studies; surveys; tapes; and/or training materials. Material which the
Contractor uses to perform this Agreement but is not created for or paid for by the County
is owned by the Contractor or such other party as determined by Copyright Law and/or
Contractor's internal policies. Contractor hereby grants the County a perpetual license to use this material for County internal purposes at no charge to the County, provided that
such license shall be limited to the extent which the Contactor has a right to grant such a
license.
21. Responsibility: Each party to this Contract shall be responsible for the negligence of its
officers, employees, and agents in the performance of this Contract to the extent allowed
by law. No party to this Contract shall be responsible for the acts and/or omissions of entities or individuals not party to this Contract. The County and the Contractor shall
cooperate in the defense of tort lawsuits, when possible. Both parties agree and
understand that this provision may not be feasible in all circumstances. The County and
the Contractor agree to notify the attorneys of record in any tort lawsuit where both are
parties if either the County or the Contractor enters into settlement negotiations. It is understood that the notice shall occur prior to any negotiations, or as soon as possible, and
the notice may be either written or oral.
22. Severability: The provisions of this Contract are severable. If any court holds any
provision of this Contract, including any provision of any document incorporated by
reference, invalid, that invalidity shall not affect the other provisions this Contract.
23. Subcontracting: The Contractor may not subcontract the services to be provided under
this Contract, unless requested and approved in writing by the Board of County
Commissioners for Gallatin County or their assigns or unless otherwise specified in this Contract. If the County, the Contractor, and a subcontractor of the Contractor are found
by a jury or trier of fact to be jointly and severally liable for personal injury damages
arising from any act or omission from the contract, then the County shall be responsible
for its proportionate share, and the Contractor shall be responsible for its proportionate
share. Should the subcontractor be unable to satisfy its joint and several liability, the County and the Contractor shall share in the subcontractor's unsatisfied proportionate
share in direct proportion to the respective percentage of their fault as found by the jury
or trier of fact, to the extent allowed by law. Nothing in this term shall be construed as
creating a right or remedy of any kind or nature in any person or party other than the
County and the Contractor. This term shall not apply in the event of a settlement by either the County or the Contractor.
24. Subrecipients:
A. General: If the Contractor is a subrecipient of federal awards as defined by Office
of Management and Budget (OMB) Circular A-133 and this Contract, the
Contractor shall:
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EXHIBIT "A"
I. Maintain records that identify, in its accounts, all federal awards received
and expended and the federal programs under which they were received, by
Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-
through entity;
II. Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have
a material effect on each of its federal programs;
III. Prepare appropriate financial statements, including a schedule of
expenditures of federal awards;
IV. Incorporate OMS Circular A-133 audit requirements into all agreements
between the Contractor and its Subcontractors who are sub recipients;
V. Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation;
VI. Comply with the applicable requirements of applicable Circulars defined
under Circulars "Compliance Matrix" found in item 5. of the General Terms
and Conditions and any future amendments to them, and any successor or
replacement Circulars or regulations; and
VII. Comply with the Omnibus Crime Control and Safe Streets Act of 1968; Title
VI of the Civil Rights Act of 1964; Victims of Crime Act (42 U.S.C.§ 10604(e)); Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5673(b)); Section 504 of the Rehabilitation Act of 1973; Title II of
the Americans with Disabilities Act of 1990; Title IX of the Education
Amendments of 1972; The Age Discrimination Act of 1975; The Department
of Justice Nondiscrimination Regulations, 28 CFR Part 42, Subparts C, D, E,
and G, and 28 CFR Part 35 and Part 39; Executive Order 13279 (equal
protection of the law for faith-based and community organizations; and 28 C.F.R. Part 37 ((U.S. Department of Justice Regulations — Equal Treatment for Faith Based Organizations). (See www.oin.usdoi.gov/ocr for additional
information and access to the aforementioned Federal laws and regulations.)
B. Single Audit Act Compliance: If the Contractor is a sub recipient and expends
$500,000 or more in federal awards from all sources in any fiscal year, the
Contractor shall procure and pay for a single audit or a program-specific audit for
that fiscal year. Upon completion of each audit, the Contractor shall:
I. Submit to the County contact person, listed on the first page of this Contract,
the data collection form and reporting package specified in OMB Circular
A-133, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor;
Page 8 of 10 50
EXHIBIT "A"
II. Follow-up and develop corrective action for all audit findings; in accordance
with OMB Circular A-133, and prepare a "Summary Schedule of Prior
Audit Findings."
C. Overpayments: If it is determined by the County, or during the course of the
required audit, that the Contractor has been paid unallowable costs under this
Contract, the County may require the Contractor to reimburse the County in accordance with appropriate applicable Circulars defined under Circulars
"Compliance Matrix" found in item 5. of the General Terms and Conditions.
25. Survivability: The terms and conditions contained in this Contract, which by their sense and
context, are intended to survive the expiration of this particular Contract shall survive.
Surviving terms include, but are not limited to Confidentiality, Disputes, Inspection,
Maintenance of Records, Ownership of Material, Responsibility, Termination for Default,
Termination Procedure, and Title to Property.
26. Termination Due to Change in Funding: If the funds upon which the County relied to
establish this Contract are withdrawn, reduced, or limited, or if additional or modified
conditions are placed on such funding, the County may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination.
27. Termination
A. Either party may terminate this Agreement by providing thirty (30) calendar days
written notice sent by certified mail to the addresses listed on Page 1. If the
Contractor fails to comply with the terms and conditions of this Agreement, the County may pursue such remedies as are legally available, including, but not limited to, the immediate termination of this Agreement.
B. If this Agreement is terminated for any reason, County shall pay only for
performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination.
28. Title to Property: Title to all property purchased or furnished by the County for use by the
Contractor during the term of this Contract shall remain with the County. Title to all
property purchased or furnished by the Contractor for which the Contractor is entitled to
reimbursement by the County under this Contract shall pass to and vest in the County. The
Contractor shall take reasonable steps to protect and maintain all the County property in its possession against loss or damage and shall return the County property to the County upon Contract termination or expiration, reasonable wear and tear excepted.
29. Treatment of Client Property: Unless otherwise provided in this Contract, the Contractor
shall ensure that any adult client receiving services from the Contractor under this
Contract has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The
Contractor shall provide clients under age 18 with reasonable access to their personal
property that is appropriate to the client's age, development, and needs. Upon termination
or completion of this Contract, the Contractor shall promptly release to the client and/or
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EXHIBIT "A"
the client's guardian or custodian all of the client's personal property. This section does
not prohibit the Contractor from implementing such lawful and reasonable policies,
procedures and practices as the Contractor deems necessary for safe, appropriate, and
effective service delivery (for example, appropriately restricting clients' access to, or
possession or use of, lawful or unlawful weapons and drugs).
30. Waiver: Waiver of any breach or default on any occasion shall not be deemed a waiver of any subsequent breach or default. Any waiver shall not be construed to be a
modification of the terms and conditions of this Contract unless amended as set forth in
Section 2, Amendment. Only the Board of County Commissioners for Gallatin County
has the authority to waive any term or condition of this Contract on behalf of the County.
31. Notices: Any demand, request or notice which either party desires or may be required to
make or deliver to the other shall be in writing and shall be deemed delivered when
personally delivered, or when delivered by private courier service (such as Federal Express), or three days after being deposited in the United States mail, in registered or certified format, return receipt requested, addressed as follows:
Contractor: Chris Kukulski, City Manager City of Bozeman
121 North Rouse Street
Bozeman, MT 59715
County: R. Stephen White, Chairman
Board of Gallatin County
Commissioners 311 West Main, Room 300
Bozeman, MT 59715
(406)582-3000
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EXHIBIT B
SPECIAL TERMS AND CONDITIONS
1. ACKNOWLEDGEMENT OF FEDERAL FUNDING
The contractor agrees that any publications (written, visual, or sound) but excluding press
releases, newsletters, and issue analyses, issued by the Contractor describing programs or
projects funded in whole or in part with federal funds under this Agreement, shall contain the
following statement:
"This project was supported by funds awarded by the United States Department of
Justice, Office of Justice Programs, Bureau of Justice Assistance. Points of view in
this document are those of the author and do not necessarily represent the official
position or policies of the United States Department of Justice. Grant funds are
administered by the Montana Board of Crime Control….
2. AGREEMENT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the
contact person for all communications and billings regarding the performance of this
Agreement, The Representative for Gallatin County and their contact information
are identified on the Face Sheet of this Agreement. The Representative for the
Contractor and their contact information are identified on the Face Sheet of this
Agreement.
2. COMPENSATION
Gallatin County shall pay an amount not to exceed that specified in Block 4 of this
Agreement's Face Sheet for the performance of all things necessary for or incidental
to the performance of work as set forth in the Statement of Work. Contractor's
compensation for services rendered shall be based on the following rates or in
accordance with the following terms:
3. BILLING PROCEDURES AND PAYMENT
Gallatin County will pay the Contractor upon acceptance of services provided and
receipt of properly completed invoices, which shall be submitted to the County, not
more often than quarterly.
Invoices shall describe and document, to County’s satisfaction, a description of the
work performed the progress of the project, and fees. The invoice shall include the
Agreement reference number specified on the upper-right corner of each page of this
Agreement.
53
EXHIBIT "B"
Payment shall be considered timely if made by County within forty-five (45) calendar
days after receipt of properly completed invoices. Payment shall be sent to the address
designated by the Contractor.
Gallatin County may, in its sole discretion, terminate the Agreement or withhold
payments claimed by the Contractor for services rendered if the Contractor fails to
satisfactorily comply with any term or condition of this Agreement.
No payment in advance or in anticipation of services or supplies to be provided under
this Agreement shall be made by Gallatin County,
The Contractor shall not bill the County for services performed under this Agreement,
and the County shall not pay the Contractor, if the Contractor is entitled to payment or
has been or will be paid by any other source, including grants, for that service.
The Contractor is responsible for any audit exceptions or disallowed costs incurred by
its own organization.
5. INSURANCE
The Contractor shall provide insurance coverage as set out in this section. The intent of the
required insurance is to protect Gallatin County should there be any claims, suits, actions, costs,
damages, or expenses arising from any loss or negligent or intentional act or omission of the
Contractor or Subcontractor, or agents of either, while performing under the terms of this
Agreement.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Montana. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the Gallatin County, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and
collectable insurance. The Contractor shall instruct the insurers to give Gallatin County thirty (30)
calendar days advance notice of any insurance cancellation, non-renewal, or modification.
The Contractor shall submit to the County within fifteen (15) calendar days of the Agreement
start date, a certificate of insurance which outlines the coverage and limits defined in this
insurance section. During the term of the Agreement, the Contractor shall submit renewal
certificates not less than thirty (30) calendar days prior to expiration of each policy required
under this section.
The Contractor shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Agreement, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Agreement activity but no less than
$1,500,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any
Subcontractors provide adequate insurance coverage for the activities arising out of
subcontracts.
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EXHIBIT "B"
Automobile Liability. In the event that performance pursuant to this Agreement involves
the use of vehicles owned or operated by the Contractor or its Subcontractor, automobile
liability insurance shall be required. The minimum limit for automobile liability is
$1,500,000 per occurrence, using a Combined Single Limit for bodily injury and property
damage.
Professional Liability, Errors, and Omissions Insurance. The Contractor shall maintain
Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain
minimum limits of no less than $1,500,000 per occurrence to cover all activities by the
Contractor and licensed staff employed or under contract to the Contractor. Gallatin
County, its agents, officers, and employees shall be named as additional insureds
under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on
behalf of the Contractor for the purpose of receiving or depositing funds into program
accounts, or issuing financial documents, checks, or other instruments of payment for
program costs shall be insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000 or the highest of planned reimbursement for the Agreement period, whichever is lowest.
Fidelity insurance secured pursuant to this paragraph shall name Gallatin County as beneficiary.
B. Subcontractors that receive $10,000 or more per year in funding through this Agreement
shall secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary.
C. The Contractor shall provide, at Gallatin County’s request, copies of insurance
instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is
covered, the amounts, the period of coverage, and that Gallatin County will be provided thirty (30) days advance written notice of cancellation.
Additional Provisions:
Above insurance policy shall include the following provisions:
1. Additional Insured. The state of Montana, Gallatin County, its elected and appointed officials,
agents, and employees shall be named as an additional insured on all general liability, excess, umbrella, and property insurance policies. All insurance provided in compliance with this
Agreement shall be primary as to any other insurance or self-insurance programs afforded to
or maintained by the State.
2. Identification. The policy must reference Gallatin County’s Grant Agreement number and
the Montana Board of Crime Control Agency name.
3. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to do business within the state of Montana and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports. Any exception shall be reviewed and
approved by Gallatin County’s Risk Manager, or the Risk Manager for the state of Montana,
before the Agreement is accepted or work may begin.
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EXHIBIT "B"
4. Excess Coverage. By requiring insurance herein, Gallatin County does not represent that
coverage and limits will be adequate to protect the Contractor, and such coverage and limits
shall not limit the Contractor's liability under the indemnities and reimbursements granted to the County in this Agreement.
Local Government Contractors that Participate in a Self-Insurance Program
Self-Insured/Liability Pool or Self-Insured Risk Management Program—With prior approval from
Gallatin County, the Contractor may provide the coverage above under a self-insured/liability pool
or self-insured risk management program. In order to obtain permission from Gallatin County, the
Contractor shall provide: (1) a description of its self-insurance program, and (2) a certificate
and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk
management programs or self-insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: (1)
Governmental Accounting Standards Board (GASB), (2) Financial Accounting Standards Board
(FASB), and (3) the Montana State Auditor's annual instructions for financial reporting.
Contractor's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Montana, its
agents, and employees need not be named as additional insured under a self-insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
Contractors shall provide annually to Gallatin County a summary of coverages and a letter of
self insurance, evidencing continued coverage under the Contractor's self-insured/liability pool
or self-insured risk management program. Such annual summary of coverage and letter of self
insurance will be provided on the anniversary of the start date of this Agreement.
6. FEDERAL NON-DISCRIMINATION REQUIREMENTS
The Contractor will comply with any applicable federal nondiscrimination requirements, which
may include:
• the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d);
• the Victims of Crime Act (42 U.S.C. § 10604(e));
• the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b));
• the Civil Rights Act of 1964 (42 U.S.C. § 2000(d));
• the Rehabilitation Act of 1973 (29 U.S.C. § 794);
• the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34);
• the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86);
• the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07);
• 28 C.F.R. Part 42 (U.S. Department of Justice Regulations – Nondiscrimination, Equal
Employment Opportunity, Policies and Procedures);
• Executive Order 13279 (equal protection of the law for faith-based and community
organizations); and
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EXHIBIT "B"
• 28 C.F.R. Part 37 ((U.S. Department of Justice Regulations — Equal Treatment for
Faith Based Organizations).
The Contractor shall further comply with Federal law prohibiting grant recipients from
retaliating against individuals taking action or participating in action to secure rights protected
by federal law.
The Contractor is required to ensure compliance with this requirement by any Subcontractor
receiving funding from a grant supported with U.S Department of Justice funds.
7. NOTIFICATION OF FINDINGS OR DISCRIMATION OR NON-COMPLIANCE In
the event a state or federal court or a state or federal administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color,
religion, national origin, age, disability, or sex against the Contractor receiving grant
funds, the Contractor will forward a copy of the finding to the U.S. Department of
Justice, Office of Justice Programs, Office of Civil Rights (OCR) and Gallatin County.
The Contractor shall include a statement clearly stating whether or not the finding is
related to any grant activity supported with a grant in which U.S. Department of
Justice Funds are involved, and identify all open grants utilizing U.S. Department of
Justice funding, by Contract number and program title.
8. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEOP)
The Contractor will determine whether it is required to formulate an Equal
Employment Opportunity Program (EEOP), in accordance with 28 C.F.R. 42.301
et.seq. If the Contractor is not required to formulate an EEOP, it will submit a
certificate form to the U.S. Department of Justice, Office of Justice Programs, Office
of Civil Rights (OCR), and Gallatin County indicating that it is not required to
develop an EEOP. If the applicant is required to develop an EEOP, but not required
to submit the EEOP to the OCR, the applicant will submit a certification to the OCR
and Sheriff certifying that it has an EEOP on file which meets the applicable
requirements. If the Contractor is awarded a grant of $500,000 or more and has 50 or
more employees, it will submit a copy of its EEOP to the OCR and Gallatin County.
Non-profit organizations, federally recognized Indian Tribes, and medical and
educational institutions are exempt from the EEOP requirement, but are required to
submit a certification form to the OCR to claim the exemption. A copy of the
certification form will also be submitted to Gallatin County. Information about civil
rights obligations of grantees can be found at
http://www.oip.usdoj.gov/about/ocrieeop comply.htm
9. LIMITED ENGLISH PROFICENCY:
To ensure compliance with the Omnibus Crime Control and Safe Streets Act of
1968 and Title VI of the Civil Rights Act of 1964, grant recipients must take
reasonable steps to ensure that Persons with Limited English
Proficiency have 5 of 6
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EXHIBIT "B"
meaningful access to services and legal protections. Meaningful access may
entail providing language assistance services, including oral and written
translation where necessary. Assistance in understanding grant recipient's
obligations under the law may be found in the Department of Justice's
Guidance to Federal Financial Assistance Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficiency
Persons (LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18,
2002). Additional assistance regarding LEP obligations and information may
be found at www.lep.gov.
10. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and state of Montana statutes and regulations.
2. Exhibit A - Special Terms and Conditions.
3. Exhibit B - General Terms and Conditions.
4. Exhibit C—Statement of Work.
5. Exhibit D—Budget.
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EXHIBIT "C" SCOPE OF WORK
The purpose of the Byrne Justice Assistance Grant (JAG) Gang-Drug Task Force Program is to reduce the
availability, use, and trafficking of illegal drugs, guns, and the profit of criminal gang and drug organizations by
working cooperatively to identify, interdict, dismantle, and prosecute targeted gang and drug-trafficking
organizations. JAG Task Forces work across local, state, and federal jurisdictions to dismantle or disrupt mid-to
upper-level criminal organizations to make communities safer and healthier by reducing drug availability and
organized crime.
The contractor will implement the JAG Gang-Drug Task Force Program as specified in the Gallatin County
Missouri River Drug Task Force FY 2013 application for Byrne JAG Gang-Drug Task Force Program funding, and
in compliance with the Assurances and Certifications made in conjunction with that application.
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“EXHIBIT D”
BUDGET
BOZEMAN POLICE DEPARTMENT:
MBCC LOCAL TOTAL (Salaries for 2 Full-time Police Officers Salary Detective Randle $18,731 $ 8,027 $26,758
Salary Detective Vongehr $18,150 $ 7,779 $25,929
Fringe For 2 Bozeman Police Officers $11,936 $ 5,115 $17,051
Overtime for 2 Bozeman Police Officers $ 3,267 $ 1,400 $4,667 $52,084 $22,321 $74,405
The Justice Assistance Grant funds provided through this grant are from the normal
congressional appropriations for the US Department of Justice, and are not from appropriations made under authority of the American Recovery and Reinvestment Act of 2009.
Please submit quarterly bills within the month following service delivery with back-up
documentation to:
Gallatin County Sheriff’s Office
615 South 16th Avenue Bozeman, MT 59715
* BUDGET LINE ITEM ADJUSTMENTS: The Contractor may request that the budget be adjusted up
to 5% of the total annual contract amount between line items of cost based on written request from the
contractor and written approval from the County. Adjustments must be within existing line items in the
contract for items already deemed necessary to the project.
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