HomeMy WebLinkAbout13- Agreement approving a subrecipient contract for the purpose of passing federal grant funds for the Missouri River Drug Task Force Project RESOLUTION 2013 - 127
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 L@MWatson, Grants & projects Administrator, moved by
Commissioner mAgTINEATi—, seconded by Commissioner WHITE and approved by a
vote 3 in favor and 0 opposed on OCTOBER 22_, 2013.
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, 2013 and
terminating June 30, 2014; 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 th!sZL day of QEIAM-ER2013.
BOARD OF COMMISSIONERS
GALLATIN COUNT
%6 --_.
Joe P.P`kinner, Chairman
ATTEST:
Charlotte Mills
Clerk and Recorder
MISSOURI RIVER DRUG TASK FORCE PROGRAM
FACE SHEET
CONTRACTOR IS A SUBGRANTEE ❑ VENDOR CONTRACT NUMBER:
1. SUBRECIPIENT 2,ORIGINAL CONTRACT AMOUNT: 5.PREVIOUS CONTRACT AMOUNT:
NAME/ADDRESS: $68,78532
City of Bozeman 3.CASH MATCH REQUIREMENT: 6.MODIFICATION AMOUNT:
615 S,16", P.O.Box 1230 $112,228.68
Bozeman,MT 59715 4.TOTAL CONTRACT AMOUNT: T NEW TOTAL CONTRACT AMOUNT:
$181,014.00
8. SUBRECIPIENT CONTACT INFO: 9, COUNTY PROGRAM CONTACT INFO: 10. COUNTY FISCAL CONTACT INFO:
Name:Ron Price,Chief of Police Lt.Jake Wagner City of Bozeman
Phone:(406)582-2000 615 South 16"Ave Attn:Ron Price,Chief of Police
Bozeman,NIT 59715 615 South 16'h,P.O.Box 1230
Bozeman,MT 59771
11. CONTRACT START DATE: 07/01/13 �11 CONTRACT END DATE 06/30/14
13,FUNDING AUTHORITY:
Montana Board of Crime Control/US Department of Justice FEDERAL FUNDING
14.CFDA NUMBERS(s): 16,738 5.CFDA TITLE(S): Edward Byrne Memorial Justice
I 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 marked with an X,the following Exhibits are attached and are incorporated into this
Contract by reference:
17.1 Exhibits(specify):X
Exhibits A,B,C,&-D
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 oftbis
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 COUNT C MISSIONERS
Jo Chairman
Name,Title 0-6i5 k4AVtA('5V–i t G-,2f-,ArJ C4 &,Aqkjer°
R.Ste lien Whitt;Commissioner
Date (3
ierre Martineau,Commissioner
Constituting the Board qJ'County
Commissioners.1br Gallatin County,
Montana
2
EXHIBIT "N'
GENERAL TERMS AND CONDITIONS
In consideration of the covenants, conditions, performances, and provisions
hereinafter contained, the parties hereto agree as follows:
Definitions: The words and phrases listed below, as used in the Contract, shall have the
following definitions:
• "Contract" means this Contract and the Contractor Contract on General Terms and
Conditions and any Exhibits and other documents attached or incorporated by
reference.
• "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,
• "Debarment" means an action taken by a federal official to exclude a person or
business entity from participating in transactions involving certain federal funds,
• 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.
• "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.
• "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.
• "MCA" means the Montana Code Annotated. All references in this Contract to
MCA chapters or sections shall include any successor, amended, or replacement
statute.
• "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.
• "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 hLtp://www.gpoaccess.gov/uscode/index.ht.ml.
3
1. Amendment: This Contract, or any term or condition, may only be modified in writing and
signed by both panties. Only personnel authorized to bind each of the parties shall sign an
amendment.
2. 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.
3. 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 quarter/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.
4. 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 subrecipients. The federal Circulars, which provide the applicable
administrative requirements, cost principles and audit requirements, are identified by
subrecipient organization type.
COMPLIANCE MA TRIX
OMB CIRCULAR
ENTITY TYPE ADMINISTRATIVE COST AUDIT
REQUIREMENTS PRINCIPLES REQUIREMENTS
State,Local and A-102 & A-87 A-133
Indian Tribal Conxnion Rule
Governments&
5. 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,
4
6. Confidentiality: The parties shall use Personal Information and other confidential
infonnation 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 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
7. 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 tern of this Contract.
8. 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 tenns, 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.
9. Documentation for Reimbursement Requests: At the Contractor's first request for
reimbursement, the Gallatin County Sheriff's Office 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.
10. Entire Contract: This Contract, including all documents attached to or incorporated by
reference, contain all the teens 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.
11. 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, Fontana.
5
12. 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.
a. 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.
13.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.
14. 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 eoverage(s) without 30 days written
notice from the contractor or its insurer(s) to the participating agencies.
6
15. 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.
16. 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 perforin 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.
17. 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 1.2101 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.
18. 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; Special Terms and
Conditions of this Contract; This Contract.
19. 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 pall of the State of Montana. This material includes, but is not limited
7
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.
20. 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.
21. 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.
22. 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 dainages 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.
23. Subrecipients:
a. General: If the Contractor is a subrecipient of federal awards as defined by Office of
Management and Budget (OMB) Circular A-]33 and this Contract, the Contractor
shall:
b. Maintain records that identify, in its accounts, all federal awards received
8
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;
24. 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;
25. Prepare appropriate financial statements, including a Schedule of Expenditures
of Federal Awards;
26. Incorporate OMB Circular A-133 audit requirements into all agreements between the
Contractor and its Subcontractors who are subrecipients;
27. Comply with any future amendments to OMB Circular A-133 and any successor or
replacement Circular or regulation;
28. 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
29. 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 11 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. og v for additional information and access to the aforementioned Federal
laws and regulations.)
a. Single Audit Act Compliance: If the Contractor is a subrecipient and expends
b. $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:
30. Submit to the County contact person, listed on the first page of this Contract, the data
collection fon-n 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;
9
a. 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."
31. 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.
32. 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,
Tennination Procedure, and Title to Property.
33. 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.
34. Termination: 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.
35. If this Agreement is ten-ninated 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.
36. 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.
37. 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
10
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 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).
38. 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.
39. 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
Bozeman, MT 59715
County: Joe P. Skinner, Chairman
Board of Gallatin County Commissioners
311 West Main Street, Room 300
Bozeman, MT 59715
406.582.3000
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.
3. 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:
4. Billing Procedures And Payment:
a. 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.
b. 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
comer of each page of this Agreement.
12
c. 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.
d. 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 teen or condition of this
Agreement.
e. No payment in advance or in anticipation of services or supplies to be
provided under this Agreement shall be made by Gallatin County.
f: 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.
g. The Contractor is responsible for any audit exceptions or disallowed costs
incurred by its own organization.
S. 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 naive 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(3 0) calendar days prior to expiration of each
policy required under this section.
a. The Contractor shall provide insurance coverage that shall be maintained in full force
and effect during the term of this Agreement, as follows:
i. 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
13
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.
ii. 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 minimurn
limit for automobile liability is $1,500,000 per occurrence,using a Combined
Single Limit for bodily injury and property damage.
iii. 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 insured under this policy.
b. 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:
i. 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.
ii. 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.
iii. 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.
c. Additional Provisions: Above insurance policy shall include the following provisions:
i. 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 prograins afforded to or maintained by the State.
14
ii. Identification. The policy must reference Gallatin County's Grant Agreement
number and the Montana Board of Crime Control Agency name,
iii. 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
V11 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.
iv. 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,
6. Local Government Contractors that Participate in a Self-Insurance Program:
Self Insured/Li ability 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 pennission
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) Goveminental 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.
7. Federal Non-Discrimination Requirements:
The Contractor will comply with any applicable federal non-discrimination 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));
15
0 the Rehabilitation Act of 1973 (29 U.S.C. § 794);
0 the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34);
0 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);
a 28 C.F.R. Part 42 (U.S. Department of Justice Regulations–Non-discrimination, Equal
Employment Opportunity, Policies and Procedures);
0 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).
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.
a. Notification of Findings or Discrimination 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 healing 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,
b. 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,
46
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
htt ///www oip.usdoj.gov/about/ocriceopeomply.htm.
c. Limited English Proficiency:
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 meaningful access to services
and legal protections. Meaningful access may entail providing language assistance
services, including oral and written translation when 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 rational Origin Discrimination Affecting Limited English Proficiency Persons
(LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional
assistance regarding LEI' obligations and information may be found at www.lep.gov.
8. Order of Precedence:
In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by
giving precedence in the following order:
• Applicable Federal and 'State of Montana statutes and regulations
• Exhibit A— General Terms and Conditions
• Exhibit B —Special Terms and Conditions
• Exhibit C— Scope of Work
• Exhibit D --Budget
17
EXHIBIT "ACT'
SCOPE OF° WORK
The purpose of the Byrne Justice Assistance Grant (JAG) Gang-Drug Task.Force Program is to reduce
the availability,user 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 2014 application for Byrne JAG Gang-Drug Task Force
Program funding, and in compliance with the Assurances and Certifications made in conjunction with
that application.
18
"EXHIBIT "D"
BUDGET
BOZEMAN POLICE DEPARTMENT:
MBCC LOCAL TOTAL
Salaries for 2 Full-time Police Officers
Salary for Detective Randle $24,734.20 $40,355,80 $65,090.00
Salary for Detective Vongehr $24,076.80 $39,283.20 $63,360.00
Fringe fort Bozeman Police Officers $15,093.60 $24,626.40 $39,720.00
Overtime for 2 Bozeman Police Officers $ 4,880.72 $ 7,963.28 $12,844.00
$68,785.32 $112,228.68 $181,014.00
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 I(''Avenue
Bozeman,MT 59715
Attn: Connie McWilliams
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.
19