HomeMy WebLinkAbout11- Agreement for Services and Receipt of Grant Funds for 2011 OVW Grant Awar for SACCL]
The CITY OF BOZEMAN, MONTANA, a self governing municipal corporation,
organized and existing under its Charter and the laws of the State of Montana, with a
physical address of 121 North Rouse Ave., Bozeman, MT and a mailing address of PO
Box 1230, Bozeman, MT 59771 ("City") and the Sexual Assault Counseling Center
(SACC), a non-profit, non-governmental program serving victims of domestic violence,
sexual assault, dating violence, stalking, and child sexual abuse with a mailing address
of 421 East Peach, Bozeman, MT 59715, agree as follows:
1. Award of Grant/ Purpose: On September 23, 2011 the federal Department of
Justice, Office on Violence Against Women (OVW) awarded the City of Bozeman
(City) a grant in the amount of $579,781 to fund the Gallatin Project Consortium:
Rural Project to End Violence Against Women (hereinafter referred to as the
"Gallatin Project) Grant Number: 2011 -WR -AX -0014; CFDA 16.589 (the
"Grant'). SACC agrees to participate in the Gallatin Project consistent with the
grant proposal submitted to OVW on March 17, 2011 (hereinafter referred to as
the "Grant Proposal" and as detailed in the Memorandum of Understanding
(MOU) executed on behalf of this project on March 11, 2011 (as revised in
October 2011).
The City and SACC enter into this agreement to: (i) facilitate the completion of all
tasks, objectives and goals described in the Grant Proposal and MOU: (ii) ensure
compliance with OVW and City reporting requirements; and (iii) provide timely
payment for services provided by SACC to the Gallatin Project.
2. Period of Performance: This Agreement shall commence upon signing by both
parties and shall end no later than September 30, 2014 unless otherwise
terminated pursuant to Section 10.
3. Scope of Work: SACC shall provide services to the City and Gallatin Project
consistent with the Grant, the MOU, and the Grant Proposal, which are hereby
incorporated by reference and made a part of this Agreement.
4. Contacts: The primary contact for the City shall be Project Director Lt. Rich
McLane, Bozeman Police Department and for SACC Executive Director Christina
Powell. Notices under this Agreement shall be made to the addresses listed
above.
AGREEMENT FOR SERVICES AND RECEIPT OF GRANT FUNDS FOR 2011 OVW GRANT AWARD TO THE
GALLATIN PROJECT
Page 7 of 4
5. Special Conditions: In addition to the requirements of this Agreement, SACC
shall comply with all requirements and Special Conditions imposed upon the City
by the federal Department of Justice and applicable to the City of Bozeman as
recipient of the Grant (attached) consisting of civil rights requirements stipulated
in the letter from Michael L. Alston, Director, Office of Civil Rights, to Chris
Kukulski dated September 23, 2011; and Special Conditions 1-30 listed in the
Award Continuation Sheet dated September 23, 2011.
6. Reimbursement for Services/Requests for Payment: Reimbursement to
SACC for services rendered under the Grant and this Agreement shall not
exceed $145,394 during the Period of Performance. Reimbursements will be
made to SACC only for services authorized under the Grant.
All requests for reimbursement shall be submitted to the Project Director within
ten (10) days of the end of each calendar month. Requests must include budget
tracking invoice of all work performed on behalf of the Gallatin Project including
receipts, copies of time sheets, and a narrative justification of the amount
requested.
Allowable costs will be determined consistent with 2 CFR 230 and OMB Circular
A-122: Cost Principles for Non -Profit Organizations. Payment will be remitted by
the City to SACC within two weeks of approval of submitted invoices.
7. Budget Adjustments/ Special Purchases: All expenditures not specifically
allowed under the grant must be approved by the Project Director prior to
purchase. The Project Director reserves the right to modify line item budgets to
the extent of his authority to meet the goals and objectives of the project, and will
provide notification of these changes to all sub -recipients.
8. Reports/ Accountability: SACC agrees to develop and/or provide
documentation as requested by the City demonstrating SACC's compliance with
the requirements of the Grant, the MOU and this Agreement.
SACC shall collect and maintain service delivery data and provide timely reports
to the Project Director consistent with the requirements of the Department of
Justice, the Grant, and City procedures. SACC shall assist the Project Director
with preparing and submitting the reports required by DOJ/OVW and respond
promptly to all requests for documentation.
AGREEMENT FOR SERVICES AND RECEIPT OF GRANT FUNDS FOR 2011 OVW GRANT AWARD TO THE
GALLATIN PROJECT
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SACC shall allow the City, its auditors, and other persons authorized by the City
to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to SACC pursuant to this Agreement, the
MOU, and the Grant was used in compliance with this Agreement and all
applicable provisions of federal, state, and local law.
9. Discrimination: SACC agrees not to discriminate in the fulfillment of this
Agreement on the basis of race, color, religion, creed, sex, age, marital status,
national origin, or actual or perceived sexual orientation, gender identity or
disability.
10. Default and Termination: If either party fails to comply with any condition of this
Agreement at the time or in the manner provided for, the other party may, at its
option, terminate this Agreement and be released from all obligations if the
default is not cured within thirty (30) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Either party
may terminate this Agreement without cause on ninety (90) days written notice to
the other party.
11. Independent Contractor: HAVEN agrees that it and its officers and employees
are an independent contractor and:
a. it is a separate legal entity independent from the City;
b. neither it or its officers and employees are agents of the City;
c. neither it or its officers and employees are authorized to act on behalf of
the City, its Commissioners, officers, departments, or employees; and
d. it is not under the control of the City.
12. Indemnity/ Insurance: SACC agrees to indemnify, defend, and save the City,
its officers, agents, and employees harmless from any and all losses, damage,
and liability occasioned by, growing out of, or in any way arising or resulting from
any intentional or negligent act on the part of SACC or its agents or employees
as it carries out the purposes and functions of the Grant and this Agreement.
During the term of this Agreement SACC shall carry general liability insurance,
issued by a reliable company or companies authorized to conduct business in the
State of Montana. The insurance shall cover personal injury, professional errors
and omissions, and property damage, in the following amounts:
Workers' Compensation — statutory required amounts
AGREEMENT FOR SERVICES AND RECEIPT OF GRANT FUNDS FOR 2011 OVW GRANT AWARD TO THE
GALLATIN PROJECT
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• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000
annual aggregate
• Automobile Liability - $1,000,000 property damage/bodily injury;
$2,000,000 annual aggregate
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
The insurance shall be in a form acceptable to the City and through proper
endorsement name the City of Bozeman as an additional insured on a primary
non-contributory basis. The insurance shall be subject to no less than 30 days
notice of cancellation to the City.
13.Assignment: Grantee may not assign responsibility for performance of the
Grant to any other person or entity without the express written consent of City.
14. Applicability: This Agreement and any extensions hereof shall be governed
and construed in accordance with the laws of the State of Montana.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the
day and/year indicated below.
Z K Date: 1.19 / C7D
Christina Powell, Executive Director
SACC
�/�. c Date: 11-7-V
Chris Kukulski, City Manager
City of Bozeman
AGREEMENT FOR SERVICES AND RECEIPT OF GRANT FUNDS FOR 2011 OVW GRANT AWARD TO THE
GALLATIN PROJECT
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