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HomeMy WebLinkAbout13- Contract between the City of Bozeman and Nonpoint Source Education and Outreach DEQ Contract No.: 213031 C0N:1,rRAQ'0R',',, C17­Wy CONTRACT This Contract (Contract) is hereby made between City of Bozeman (hereinafter referred to as "Contractor") and the Montana Department of Environmental Quality (hereinafter referred to as "DEQ") for the purpose of Nonpoint Source Education and Outreach. This Contract is issued in accordance with Title 18, Montana Code Annotated (MCA), and the Administrative Rules of Montana (ARM), Title 2, Chapter 5. 1. EFFECTIVE DATE, DURATION, AND RENEWAL 1.1. Contract Term. The Contract's initial term is from the date of Contract execution, with the effective date being the latter of the two signatures, through June 30, 2014, unless terminated earlier as provided in this Contract. In no event is this Contract binding on DEQ unless the DEQ's authorized representative has signed it. DEQ's authorized signatory for this Contract is the Contracts Officer for the Department of Environmental Quality. 1.2. Contract Renewal. This Contract may, upon mutual agreement between the parties and according to the terms of the existing Contract, be renewed in intervals advantageous to both parties. This Contract may not exceed the limits imposed by federal requirements, 2. SERVICES Contractor shall conduct and administer the services, as described in "Attachment A" entitled "Protecting Bozeman's Waters," attached hereto and incorporated herein by reference. 3. REPORTING REQUIREMENTS 3.1. As part of the reporting requirements under the Federal Grant Award, Contractors and any subcontractors must have a Dun & Bradstreet Universal Number System (DUNS) number (www.dnb.com) and maintain active and current contractor profiles in the System for Award Management (www.sam.go, ) for the duration of this Contract. 3.2. Reference Attachment A for detailed reporting and billing requirements required by DEQ. 3.3. Contribute a non-federal match in the amount of$14,000; non-federal match may be in-kind. 3.4. Attend a contract initiation meeting in which the procedures for implementing this Contract will be discussed. 16. Attend, at the discretion of the DEQ Liaison, a post-contract meeting with the DEQ Liaison. 3.6. Reference this Contract number on all invoices, packages, or correspondence pertaining to this Contract. 4. CONSIDERATION 4.1, In consideration of services rendered pursuant to this Contract, DEQ agrees to reimburse Contractor up to a maximum of$10,000 for the actual, reasonable, and necessary expenditures allowed in paragraph (2) below, according to the budget amounts identified in "Attachment A." 4.2. The allowable expense categories that may be reimbursed under this Contract for the performance of the services required are approved in Attachment A. Examples of allowable expenses include: 4.2.1. Actual salaries and benefits, travel, supplies and materials, communication and reproduction expenses, and subcontractor expenses when applicable. Page 1 of 11 DEQ Contract No.: 213031 4.3. Ail task line item budget adjustments must be a written request by the Contractor to DEQ. Once written approval by DEQ is completed adjustments will be made to the "Attachment EY'. No adjustment may be made to the total Contract value without a Contract modification. 4.4. Subject to DEQ approval of the work performed under this Contract, DEQ will reimburse Contractor within 30 days after receipt of each billing statement, contingent upon the following: 4.4.1. Payment for questioned costs maybe withheld pending resolution and may require rebilling by Contractor or submittal of additional documentation, including any records required to be kept by Contractor. 4.4.2. Payment may be withheld if Contractor does not perform in accordance with this Contract. 4.5. Contractor shall not use the funds received under this Contract to supplant other Contractor budgeted expenses or funds. 4.6. This Contract is funded in whole or in part by all or a portion of a federal grant from the United States Environmental Protection Agency (EPA) in the amount of$804,544(Federal Grant Number: C9,-99833613; Federal Catalog Number.- 66.460). 5. ACCOUNTING, AUDIT AND RETENTION OF RECORDS 5.1. Contractor shall maintain books, records, documents, other evidence directly pertinent to performance of work under this Contract and current accounting for all funds received and expended pursuant to this Contract in accordance with generally accepted accounting principles. Contractor's accounting system must be able to allocate costs associated with this Contract in a manner that keeps these costs separate from the costs of other Contracts. 6.2. DEQ, the Legislative Auditor, the Legislative Fiscal Analyst, the EPA, and the Comptroller General of the United States, or their authorized agents, have the right of access to accounting records of Contractor for purposes of making an inspection, audit, excerpts, or transcripts of funds received and expended by Contractor pursuant to this Contract. This Contract may be terminated by DEQ upon any refusal of Contractor to allow access to such records. (§18-1-118, MCA). Authorized representatives shall have access to records at any reasonable time for as long as the Contractor maintains the records. 5,3. Contractor shall disclose all information and reports resulting from access to the records maintained in paragraph 5.1 of this clause to any of the agencies referred to in paragraph 5,2. 5.4. Audits conducted under this section must be in accordance with generally accepted auditing standards as established by the American Institute of Certified Public Accountants and with established procedures and guidelines of the reviewing or auditing agency. 5.5. All books, records, reports, accounting, and other documents maintained by Contractor under this Contract must be retained for a period of eight years after either the completion date of this Contract, or the conclusion of any litigation, claim, audit or exception relating to this Contract taken by DEQ or a third party. Contractor may not destroy any records without first offering the records to DEQ. 6.6. In the event that an audit shows that Contractor has not complied with federal or state laws and rules concerning the handling and expenditure of the funds received under this Page 2 of 11 DEQ Contract No.: 213031 Contract, including any grant-related income, Contractor must correct the areas of non- compliance within six months after DEQ receives the audit report. 5.7. All records maintained pursuant to this Section must be available and present in proper form within 30 days of a written request made by DEQ. 6. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING In accordance with §18-4-141, MCA, Contractor may not assign, transfer, or subcontract any portion of this Contract without DEQ's prior written consent. Contractor is responsible to DEQ for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by Contractor. No contractual relationships exist between any subcontractor and DEQ under this contract. 7. HOLD HARMLESSIINDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless DEQ, its elected and appointed officials, officers, agents, directors, and employees from and against all claims, damages, losses and expenses, including the cost of defense thereof, to the extent caused by or arising out of Contractor's negligent acts, errors, or omissions in work or services performed under this Contract, including but not limited to, the negligent acts, errors, or omissions of any Subcontractor or anyone directly or indirectly employed by any Subcontractor for whose acts Subcontractor may be liable. 8. COMPLIANCE WITH WORKERS" COMPENSATION ACT Neither Contractor nor its employees are employees of the State of Montana. Contractor and any subcontractor shall comply with the provisions of the Montana Workers' Compensation Act while performing work for the State of Montana in accordance with §39-71-401, §39-71-405, and §39- 71-417, MCA. Proof of compliance must be in the form of workers' compensation insurance, an independent Contractor's exemption, or documentation of corporate officer status. This insurance/exemption must be valid for the entire Contract term and any renewal. Upon expiration, a renewal document must be sent to the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901. 9. COMPLIANCE WITH LAWS Contractor shall, in performance of work under this Contract, fully comply with all applicable federal, state, or local laws, rules, and regulations, including but not limited to, the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by Contractor subjects subcontractors to the same provision. In accordance with §49-3-207, MCA, Contractor agrees that the hiring of persons to perform this contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing this contract. 10. REQUIRED INSURANCE 10.1. General Requirements. Contractor shall maintain for the duration of the Contract, at its cost and expense, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work by Contractor, agents, employees, representatives, assigns, or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission. Page 3 of 11 DEQ Contract No.: 213031 10.2. Primary Insurance. Contractor's insurance coverage shall be primary insurance as respect to DEQ, its officers, officials, employees and shall apply separately to each project or location. Any insurance or self-insurance maintained by DEQ, its officers, officials, employees or volunteers shall be in excess of Contractor's insurance and shall not contribute with it. 10.3. Specific Requirements for Commercial General Liability. Contractor shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of$750,000 per claim, $1,500,000 per occurrence to cover such claims as may be caused by any act, omission, or negligence of Contractor or its officers, agents, representatives, assigns or subcontractors. DEQ, its officers, officials, and employees are to be covered and listed as additional insured for: liability arising out of activities performed by or on behalf of Contractor; products and completed operations; vehicles used, and premises owned, leased, occupied, or used, 10.4. Deductibles and Self-insured Retentions. Any deductible or self-insured retention must be declared to and approved by DEQ. At the request of DEQ either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects DEQ, its officers, officials, employees, 10.5. Certificate of Insurance/Endorsements. A certificate of insurance from an insurer with a Best's rating of no less than A-, indicating compliance with the required coverage, was received by the Department of Environmental Quality prior to execution of this Contract. Contractor must notify DEQ immediately, of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. DEQ reserves the right to require complete copies of insurance policies at all times. Failure to comply with this requirement may result in termination per Section 16 (CONTRACT TERMINATION) of this Contract., 11. DISABILITY ACCOMMODATIONS DEQ does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need aids, alternative document formats, or services for effective communications or other disability related accommodations in the programs and services offered are invited to make their needs and preferences known to this office. Interested parties should provide as much advance notice as possible. 12. REGISTRATION WITH THE SECRETARY OF STATE Any business intending to transact business in Montana must register with the Secretary of State. Businesses that are incorporated in another state or country, but which are conducting activity in Montana, must determine whether they are transacting business in Montana in accordance with 35- 1-1026 and 35-8-1001, MCA. Such businesses may want to obtain the guidance of their attorney or accountant to determine whether their activity is considered transacting business. If businesses determine that they are transacting business in Montana, they must register with the Secretary of State and obtain a certificate of authority to demonstrate that they are in good standing in Montana. To obtain registration materials, call the Office of the Secretary of State at (406) 444- 3665, or visit their website at http://sos.mt.gov/Businesslindex.asp. 13. FEDERAL REQUIREMENTS Contractor agrees to comply with the following terms and conditions as defined by the United States Code (http://uscode..house.gov/search/criteria.shtml), the Code of Federal Regulations (http://www.ecfr.gov) applicable to the EPA, and Presidential Executive Orders http://www.whitehouse,gov/briefing-room/presidentia[-actions/executive-orders) as they apply to the federal grant from EPA for 319 Non Point Source Project Grant. Citations to the relevant portions of Page 4 of 11 DEQ Contract No.: 213031 the U.S. Code, Code of Federal Regulations, and Executive Orders may be obtained at (https://www,cfda.govl using the CFDA number(s) referenced in Section 4.6. The following provisions are incorporated into this Contract and shall be included by the Contractor in each subcontract or sub-tiered agreement under any subcontract it enters into in connection with this Contract: 13.1. Supersession (CFR). This Section applies to the work eligible for EPA assistance to be performed under this Contract, and the provisions within it supersede any conflicting provisions of this Contract. 13.2. Drug Free Workplace (CFR). Contractor agrees to maintain a drug-free workplace. Contractor certifies, by signing this Contract that its employees and subcontractors will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of this Contract. 13.3. Lobbying (CFR). Contractor certifies that no federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence Congress or any federal agency in connection with the awarding of any federal/state Contract, the making of any federal/state grant, the making of any federal/state loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal/state contract, grant, loan or cooperative agreement. If any funds other than federal or state appropriated funds have been paid or will be paid to any person for influencing or attempting to influence Congress or any federal agency in connection with this Contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 13.4. Quali!y Assurance Project Plan (CFR). Contractor agrees to comply with any Quality Assurance Project Plan (QAPP) developed under this Contract that outlines the procedures that must be followed to make sure samples are collected, data are stored, and reports are written to ensure quality high enough to meet the needs of the project. 13.5. Debarment, Suspension, Ineligibility and VoluntM_ Exclusion (CFR). Contractor certifies that it and its principals: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from the award of Contracts by any federal department or agency; (2) have not within a 3-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; been in violation of federal or state antitrust statutes, or been convicted of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in (2) above; and, (3) have not within a 3- year period preceding this Contract, had one or more Contracts terminated for cause or default by any federal or state agency. 13.6. Procurement of Recycled Good (USC). In accordance with Section 6002 of the Resource Conservation and Recovery Act, when the purchase of an item exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more, Contractor and subcontractors shall give preference to the purchase of specific products containing recycled materials. 13.7. Use of Recycled Paper(EQ). Contractor certifies that recycled paper will be used for all reports, documents, or other submittals prepared by Contractor under the terms of this Contract. This requirement does not apply to reports that are prepared on forms supplied by BLM. Page 5 of 11 DEQ Contract No,: 213031 13.8. Equipment, Supplies and Materials 13.8.1. Any purchase of equipment required under this Contract must be approved in advance and in writing by DEQ prior to purchase by Contractor, 13.8.2. The title of equipment, defined as having a purchase price of over $5,000 and a useful life of more than one year, acquired under this Contract, shall vest with DEQ. Contractor agrees to maintain the equipment in good working condition and provide accountability of the equipment per state law and rule concerning Asset Management. 13.8.3. At the conclusion of this Contract, equipment shall be returned in good working condition to DEQ unless otherwise authorized in writing by DEQ and the Surplus Property Program of the Property and Supply Bureau of the General Services Division of the Montana Department of Administration. Supplies and materials with a value of less than $5,000, purchased for and used in completing the terms of this Contract shall be the property of Contractor. 13.9. Operation and Maintenance (EPA's 4319 Award, Paragraph 7), Contractor will assure the continued proper operation and maintenance of all nonpoint source management practices that have been implemented for projects funded under this Contract, unless a particular practice did not function as planned. Such practices shall be operated and maintained for an appropriate number of years in accordance with commonly accepted standards. Contractor shall include a provision in every applicable subcontract awarded under this Contract requiring that the management practices for the project be properly operated and maintained. Likewise similar provisions shall be included in any sub-tiered agreements under any subcontracts. 13.10. Subcontracting Under Disadvantaged Business Enterprise JDBE) Program (QFR) 13.10.1. Contractor shall assure compliance with the DBE Program when subcontracting, which includes, along with disadvantaged business enterprises, minority and women's business enterprise (MBE/WBE). Contractor shall ensure that DBEs have the opportunity to compete for procurements subcontracted under this Contract by following the Six Good Faith Efforts noted below: 13.10.1.1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and local government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 13.10.1.2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 13.10.1.3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local government recipients, this will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 13.10.1.4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 13.10.1.5. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce. Page 6 of 11 DEQ Contract No.: 213031 13.10.1.6. If the Contractor awards subcontracts, require the subcontract to take the steps in paragraph 13.10.1.1 through 13.10.1.5 of this Section, 13.10.2. Subcontracting done by Contractor under this Contract must, to the fullest extent possible, make available a "fair share" of at least 3% of funds for supplies, construction, equipment or services to "women business enterprises" (VVBE), and 2% of funds to "minority business enterprises" (MBE). DEQ reserves the right to adjust the "fair share" percentages by providing written notice to Contractor. These are goals, not quotas. The requirement is that Contractor shows and documents good faith efforts to solicit DBE participation. 13.10.3. Contractor shall employ the Six Good Faith Efforts regardless of whether Contractor has achieved its "fair share" objectives as described in Section 13,10.1.. 13.10.4. Contractor shall ensure payment to a DBE subcontractor for satisfactory performance is no more than 30 days from the date Contractor receives payment from DEQ. 13.,10.5. Contractor shall notify DEQ in writing prior to termination of a DBE subcontractor for convenience. 13.10.6. If a DBE subcontractor fails to complete work under the subcontract for any reason, Contractor shall employ the Six Good Faith Efforts when soliciting for a replacement subcontractor. 13.11. Use of Funds for Refreshments or Meals. Contractor and any subcontract must obtain prior approval from EPA through DEQ prior to using these funds for the purchase of light refreshments or meals served at meetings, conferences, training workshops, and outreach activities (events) unless the event has been specified in the approved workplani. Requests for approval must include: 13.11.1. An estimated budget and description for the light refreshments, meals, and beverages to be served at the event(s); 13.11.2. A description of the purpose, agenda, location, length and timing for the event; 13.11.3. An estimated number of participants in the event and a description of their roles, 14. CONFLICT OF INTEREST 14.1. For the purposes of the Montana Code of Ethics, Contractor and each of its employees and subcontractors is a "public employee" for the purposes of this Section. As such, Contractor and each of its employees and subcontractors is subject to the requirements of Title 2, Chapter 2, MCA, regarding conflicts of interest, including but not limited to sections §2-2- 104, §2-2-105, 2-2-121, and §2-2-201, MCA, 14.2. If DEQ discovers that an employee of Contractor is in violation of this Section, DEQ may, after consulting with Contractor, terminate this Contract or take other appropriate measures to address the conflict and Contractor shall reimburse DEQ for any services DEQ requires be performed by another Contractor that duplicate the services performed by the employee who violated this Section. 15. DISCLOSURE 15.1. Contractor shall notify DEQ of any actual, apparent, or potential conflict of interest with regard to any individual working on a work assignment or having access to information regarding a subcontract. Notification of any conflict of interest shall include both organizational conflicts of interest and personal conflicts of interest (which are defined as the same types of relationships as organizational conflicts of interest, but applicable to an individual). In the event that a personal conflict of interest exists, the individual who is Page 7 of 11 DEQ Contract No.: 213031 affected shall be disqualified from taking part in any way in the performance of the assigned work that created the conflict of interest situation. 15.2. Contractor certifies that it has identified all current employees and proposed subcontractor's employees that will perform work under this Contract and that have worked for the State of Montana in the last two years prior to submitting the solicitation request which resulted in the award of this Contract. Contractor further certifies that no former employee of DEQ, the State of Montana or local government may work under this Contract for a period of twelve months after voluntary termination of public employment, if by working under the Contract the employee will take direct advantage, unavailable to others, of matters with which the employee was directly involved during the employee's public employment. Pursuant to §2-2- 201, MCA, a former employee of state or local government may not, within 6 months following the termination of public employment, contract or be employed by an employer who contracts with the State of Montana or any of its subdivisions involving matters with which the former public employee was "directly involved", a defined in §2-2-201, MCA, during employment. Contractor further certifies it shall identify any new employees hired during this Contract that will perform work under this Contract and that have worked for the State of Montana in the last two years prior to submitting the solicitation request which resulted in the award of this Contract. Disclosure in all cases shall include the name of the agency and the nature of work performed by the employee. 16. CONTRACT TERMINATION 16.1. Termination for Cause with Notice to Cure Reguirement. Either party may terminate this Contract in whole or in part for failure of the other party to materially perform any of the services, duties, terms, or conditions contained in this Contract after giving the other party written notice of the stated failure. The written notice must demand performance of the stated failure within a specified period of time of not less than 30 days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period. 16.2. Reduction of Funding. In accordance with §18-4-313(4), MCA, DEQ must terminate this Contract if funds are not appropriated or otherwise made available to support DEQ'S continuation of performance of this Contract in a subsequent fiscal period. If state or federal government funds are not appropriated or otherwise made available through the state budgeting process to support continued performance of this Contract (whether at an initial Contract payment level or any Contract increases to that initial level) in subsequent fiscal periods, DEQ shall terminate this Contract as required by law. DEQ shall provide Contractor the date DEQ's termination shall take effect. DEQ shall not be liable to Contractor for any payment that would have been payable had the Contract not been terminated under this provision. As stated above, DEQ shall be liable to Contractor only for the payment, or prorated portion of that payment, owed to Contractor up to the date DEQ's termination takes effect. This is Contractor's sole remedy. DEQ shall not be liable to Contractor for any other payments or damages arising from termination under this section, including but not limited to general, special, or consequential damages such as lost profits or revenues, 16.3. Any termination of this Contract is subject to the exception that Section 5 (ACCOUNTING, AUDIT AND RETENTION OF RECORDS), relating to retention of and access to records, will remain in effect. 17. EVENT OF BREACH — REMEDIES 17.1. Event of Breach by Contractor. Any one or more of the following Contractor acts or omissions constitute an event of material breach under this Contract: 17.1.1. products or services furnished fail to conform to any requirement; Page 8 of 11 DEQ Contract No.: 213031 17.1-2. failure to submit any report required by this Contract-, 17.1.3. failure to perform any of the other terms and conditions of this Contract, including but not limited to beginning work under this Contract without prior DEQ approval and breaching Section 17.1 obligations; or 17.1.4. voluntary or involuntary bankruptcy or receivership. 17.2. Event of Breach by DEQ. DEQ's failure to perform any material terms or conditions of this Contract constitutes an event of breach. 17.3. Actions in Event of Breach. 17.3.1. Upon the Contractor's material breach, DEQ may: 17.3.1.1. terminate this Contract under Section 16 (CONTRACT TERMINATION); or 17.3.1.2. treat this Contract as materially breached and pursue any of its remedies under this Contract, at law, or in equity. 17.3.2. Upon DEQ's material breach, the Contractor may: 17.3.2.1. terminate this Contract after giving DEQ written notice of the stated failure. The written notice must demand performance of the stated failure within a specified period of time of not less than 30 days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period-, or 17.3.2.2. treat this Contract as materially breached and, except as the remedy is limited in this Contract, pursue any of its remedies under this Contract, at law or in equity. 18. WAIVER OF BREACH Either party's failure to enforce any Contract provisions after any event of breach is not a waiver of its right to enforce the provisions and exercise appropriate remedies if the breach occurs again. Neither party may assert the defense of waiver in these situations. 19. CONFORMANCE WITH, CONTRACT No alteration of the terms, conditions, delivery, price, quality, quantities, or specifications of the Contract shall be granted without DEQ'S, prior written consent. Product or services provided that do not conform to the Contract terms, conditions, and specifications may be rejected and returned at Contractor's expense. 20. LIAISONS All project management and coordination on DEQ's behalf must be through a single point of contact designated as DEQ's liaison. Contractor shall designate a liaison who will provide the single point of contact for management and coordination of Contractor's work. All work performed under this Contract must be coordinated between DEQ's liaison and Contractor's liaison. Ann McCauley, or successor, will be the liaison for DEQ. 1520 E. 6th Ave Helena, MT 59601 Telephone,406.444.9897 Fax: 406.444.6836 E-mail: amccauley@mt.gov Page 9 of 11 DEQ Contract No.: 213031 Dustin Johnson, or successor, will be the liaison for the Contractor. 121 N, Rouse Ave. Bozeman, MT 59771 Telephone: 406,582.2288 E-mail: djohnson@bozeman.net 21.TRANSITION ASSISTANCE If this Contract is not renewed at the end of this term, if the Contract is otherwise terminated before project completion, or if particular work on a project is terminated for any reason, Contractor must provide transition assistance for a reasonable, mutually agreed period of time after the expiration or termination of this Contract or particular work under this Contract. The purpose of this assistance is to allow for the expired or terminated portion of the services to continue without interruption or adverse effect, and to facilitate the orderly transfer of such services to DEQ or its designees. The parties agree that such transition assistance is governed by the terms and conditions of this Contract, except for those terms or conditions that do not reasonably apply to such transition assistance. DEQ shall pay Contractor for any resources utilized in performing such transition assistance at the most current Contract rates. If there are no established Contract rates, then the rate must be mutually agreed upon if DEQ terminates a project, or this Contract for cause, then DEQ may offset the cost of paying Contractor for the additional resources Contractor utilized in providing transition assistance with any damages DEQ may have sustained as a result of Contractor's breach. 22. CHOICE OF LAW AND VENUE Montana law governs this Contract. Any litigation concerning this bid, proposall, or this Contract must be brought in the First Judicial District in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees. (§18-1-401, MCA.) 23. TAX EXEMPTION The State of Montana is exempt from Federal Excise Taxes (#81-0302402). 24. SEVERABILITY CLAUSE A declaration by any court or any other binding legal source that any provision of the Contract is illegal and void shall not affect the legality and enforceability of any other provision of the Contract, unless the provisions are mutually and materially dependent, 25. SCOPE, ENTIRE AGREEMENT, AND AMENDMENT 26.1. Contract. This Contract consists of 11 numbered pages, any Attachments as required and Contractor's response. In the case of dispute or ambiguity arising between or among the documents, the order of precedence of document interpretation is the same, 25.2, Entire Agreement. These documents are the entire agreement of the parties. They supersede all prior agreements, representations, and understandings. Any amendment or modification must be in a written agreement signed by the parties. 26. WAIVER DEQ's waiver of any Contractor obligation or responsibility in a specific situation is not a waiver in a future similar situation or is not a waiver of any other Contractor obligation or responsibility. 27. EXECUTION The parties through their authorized agents have executed this Contract on the dates set out below. Page 10 of 11 DEQ Contract No.. 213031 City of Bozeman DATE Chris Kukuiski, City Manager 121 N. Rouse Ave. Bozeman, MT 59771 Federal Employer's ID No. 81-6001238 MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY DATE VICKI J. W ODROW, Contracts Officer Contracts and Procurement Financial Services Metcalf Building, Room 903 1520 E. Sixth Avenue Helena, MT 59620-0901 Approved for legal content by Date DEQ Attorney Page 11 of 11 VEO Contract No. I13O32 Attachment ATTACHMENTA DEQ Contract No. Z13O31 Protecting Bozemmum'sWaters Contractor: City ofBozeman ChrisKuku|ski 121N. Rouse Ave, p.O. Box 1ZSQ Bozeman, MT59771 D6{l Project ManaQer: Ann McCauley, (405) 444-38Q7, amccau|ey@mnLgov Contractor Contact, Dosdn ]ohnsnn, (406) S82'2288, dUohnsmm@bnzennan.net Contract End Date: 6/38/2014 319 Funds: $ 10,000 Non-Federal Matching Funds: Total Project Cost: $ 24,000 PURPOSE: The purpose of this project is to develop an education and outreach program to promote understanding of lawn care and riparian area Best Management Practices (@KUPs) lnthe Bozeman area.The program shall be targeted to specific property owners and land managers that have the potential to substantially reduce nonpoint source pollution through BMP implementation, TASK 1—PROJECT PLANNING AND COORDINATION Task 1 Description: Contractor shall research and identify land management uses in the greater Bozeman area that have the potential to substantially reduce monpointsource pollution through 0&0P implementation.Targeted land uses may include golf courses,sod farms, the City of8o/ernan'spublic parks, Montana State University property, local school property, and other commercial and residential properties. From the list of identified land uses, Contractor shall contact a minimum of ten property owners and land managers about current land management practices to guide the development of the education and outreach program described in Task 2, and to solicit participation in the education and outreach program. Task IFunding: 319 Funds $ 2,000 Non-Federal Match $ 2,008 Task 1Timeline: Upon contract execution through 12/31/2U13 Task lDeliverables: Contractor shall submit 1o0E(}the following deliverables: • A list of specific individuals, organizations, schools and universities, municipalities, and other entities that were identified and contacted for participation in the education and outreach project. • Summary of meeting notes with each contacted property owner and/or land manager. Page 1 of 0EQ Contract No. 213O3l Attachment TASK 2—EDUCATION AND OUTREACH PROGRAM Task 2 Description: Contractor shall develop an education and outreach program targeted to property owners and land managers identified in Task 1, Contractor shall coordinate with local water quality protection groups' including the Greater Gallatin Watershed Council,the Gallatin Local Water Quality District, and Montana State University Extension Water Quality, and other stakeholders in developing the education and outreach program. Contractor shall obtain DEQ's approval in writing for any contracted services related to the development of the education and outreach program. Contractor shall ensure that participants receive background information on NPS pollution in the Bozeman area, proposed solutions, and 8MPs for proper lawn rare and riparian restoration through presentations and printed handouts.Additional outreach may include direct mailings, on-site visits, web-based presentations,or other media-outlet presentations. Contractor shall provide resources for participants interested in pursuing B&1Pimnp|ememtatinn. Task 2Funding: 319 Funds $ 7,080 Non-Federal Match $ 7,000 Task ZTimeline: Upon contract execution through 6/3U/ZD14 Task 2Deliverables: Contractor shall submit tpDE[1 the following de|h/ereb|es- * A list of individuals,organizations, agencies,and other entities participating in the education and outreach program. • A draft copy of each educational material produced to be reviewed by DEQ Project Manager. • A final version of each educational material produced in electronic and hard copy format. • Presentation agendas, photos, and attendee sign-in sheets. TASK g—PROJECT EFFECTIVENESS EVALUATION Task 3Description: Contractor shall monitor the effectiveness of education and outreach activities through follow-up surveys with project participants. Contractor shall work with the DEQ Project Manager and partner groups to prepare a survey that captures the level of participation, subject awareness, and the likeliness ofBK4P implementation. Task 3Funding: 319 Funds $ 1,000 Non-Federal Match $2,000 Task 8Tiroe|imm; Upon contract execution through G/30/2014 Task 3DeUverab|es: Contractor shall submit tnDE{l the following deliverables: • A draft copy of the survey for review byDEQ Project k8anager. • A final copy of the survey. • Survey results and summary of project effectiveness to be included in Final Report prepared for Task 4, Contract Administration. Page 2of4 DEQ Contract No. 2138@1 Attachment A TASK 4—PROJECT ADMINISTRATION Task 4 Description: Contractor shall oversee and be accountable for the completion nf all tasks. Contractor shall prepare and submit attachment 6-billing statements, status reports, annual reports, and a final report (details are listed below). Contractor shall maintain regular contact as defined by the DE[l project manager. Status Repo/1 and Billing Statement(Attachment 8) • Whether there is activity or not, the contractor shall submit a status report quarterly. Reports must be received by DGCl within 15 days following the end of each calendar quarter. • I''Quarter(January' March): April 15 • 2nd Quarter(April'June):July 15 • 3'~ Quarter Uu|y-Septembed: October 15 • Annual Reports shall supersede the fourth quarter(October through December) report (i.e,, a separate status report shall not be required for the fourth quarter). Annual Reports (including the 4* quarter attachment 0-biU|ng statement) are due January 15. following the calendar year upon which the report isbased. • Contractor shall bill DEQ no more frequently than monthly, and no less frequently than quarterly. Every attachment B-billing statement must include a status report. Contractor shall submit status reports toDE(l using the most current guidance and template available at Annual Reports • Contractor shall submit an annual report for each calendar year in which the contract is active, except inthe final year,when the final report shall replace the annual report. • Contractor shall submit annual reports toDEC\ using the most current guidance and template available at • Contractor shall ensure annual reports are received by DEQ by Ja,nuary 15 following the calendar year upon which the report isbased. Final Reports • [ont/acto,shaN submit a complete draft toDE(l for review and comment. • Contractor shall submit the final report, addressing DE{lcomments. • The final report must be received by DEQ within 45 days after either the project is completed or the contract expires whichever isfirst. • Contractor shall attach electronic and hard copies of all of the deliverables from all tasks, regardless of whether or not copies of the deliverables were submitted previously, • The final report must bea stand-alone report that documents the contract from beginning to end. Contractor shall complete the final report using the most current final report guidance available at m Task 4Funding: 319 Funds $ 8,000 Nnn'Federo| Match $ 3,008 Task 4 Timeline* Upon contract execution through 5/3O/Z814 Page 3 Of4 DE[\Contract No. 213031 Attachment Task 4Deliverables: Contractor shall submit tmDEZ the following deliverables as described inthe Task 4. Description: Status Reports, Annual Reports,Attachment B-Bi|Hng Statement and m Final Report. Contractor shall ensure that all reports are written clearly, and require only a minimal amount ofediting by the DEC\project manager. Contractor shall do the following with respect to all deliverables associated with all tasks in this contract (not just Task 4). • Contractor shall adhere to document formatting guidance provided by the DEQ project manager. • Contractor shall submit all draft documents in electronic format. • Contractor shall submit all final documents in both electronic (e.g., PDF and Word formats) and hand copy formats. • Contractor shall submit allelectronic documents using the file format prescribed by the DEQ project manager. • Contractor shall submit all electronic deliverables and reports to the DEQ project manager using email or if files are greater than 2.S megabytes in size using the State of Montana File Transfer Service ) mras directed toby the DE(I project manager. • Contractor shall submit all hard copy documents, attachment B—billing statements and other deliverables to Robyn Boyle / , GnamtComtract Coordinator,atPO Box ZO0901, Helena K4T59G20'09OL Page 4of4 BILLING STATEMENT ATTACHMENT B PROJECT: PROTECTING BOZEMAN'S WATERS 110EQ CONTRACT NUMBER:213031 Billing Period: Statement Date: Goal/Objective/Task CONTRACTED CURRENT TO-DATE BALANCE (as listed in Attachment A) AMOUNT BILLING LAPENUt-IJ REMAINING (INCLUDING CURRENT BILLING) TASK 1:PROJECT PLANNING AND COORDINATION $2,000.00 $0.00 $0.00 $2,000.00 TASK 2:EDUCATION AND OUTREACH PROGRAM $7,000.00 $0.00 $0.00 $7„000.00 TASK 3:PROJECT EFFECTIVENESS EVALUATION $1,000.00 $0.00 $0.00 $1,000.00 TASK 4 PROJECT ADMINISTRATION '$0.00 $0.00 $0.00 $0.00 TOTAL BILLED 1BALANCE $0,00 $0.00 TOTALS $10,000.00 $0.00 $0.00 '$10,000.00 TOTALS THIS BILLING CYCLE $0.00 COMMENTS SECTION:. I certify that the above costs are actual, necessary,and allowable for the performance of the agreement. There are no duplicate costs, and the statement is mathematically correct. All progress reports required under this agreement are current. Date Signed If you need a copy of this billing statement emailed to you,please call Grant Contract Coordinator at 406.444.1842. MATCH STATEMENT PROJECT: PROTECTING BOZEMAN'S WATERS DEQ CONTRACT NUMBER: 213031 Billing Period: Statement Date: NONFEDERAL STATE, OTHER EXPLANATION OF MATCH LOCAL, IN-KIND FEDERAL OTHER FEDERAL TASKS REQUIRED PRIVATE MATCH FUNDS FUNDS TASK 1 PROJECT PLANNING AND COORDINATION $2,000.00 $0.00 $0.00 $0.00 TASK 2 EDUCATION AND OUTREACH PROGRAM $7,000.00 KOO $0.00 $0.00 TASK 3 PROJECT EFFECTIVENESS EVALUATION $2,000.00 $0,00 $0.00 $0.00 TASK 4 PROJECT ADMINISTRATION $3,000.00 $0.00 $0.00 $0.00 TOTALS 1 $14,000.00 $0.00 $0.00 $0,00 TOTALS THIS BILLING CYCLE $0.00 $0.00 CUMULATIVE NON-FEDERAL MATCH TO DATE $0.00 NON FEDERAL MATCH BALANCE REMAINING $14,000.00 COMMENTS SECTION.