HomeMy WebLinkAbout4. Addendum to VW Interlocal
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Rich McLane, Deputy Chief of Police
SUBJECT: Addendum to Victim/Witness Gallatin County Interlocal Agreement of 2011.
MEETING DATE: October 13, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize Mayor Krauss to sign addendum to the November 15,
2011 Interlocal Agreement for the Victim/Witness Assistance Program.
BACKGROUND: For over 20 years, the City of Bozeman has partnered with other government and non-government organization in providing a collaborative approach to providing
assistance to victims of domestic violence, sexual assault, stalking and dating violence. As part
of this approach, a team was formed called the Gallatin Project. This team has worked closely
with OVW to secure funding and to work together to identify and close gaps in services regarding these victims.
The Gallatin Project includes representatives from all Gallatin County law enforcement, the
Sexual Assault Counseling Center (SACC), HAVEN, Gallatin County Court Appointed Special
Advocates-Guardians Ad-Litem (GAL), prosecutors for both Gallatin County and City of
Bozeman, Bozeman Deaconess Hospital (BDH), Montana State University (MSU) and others to improve our protocols, training, and public education. Additionally, we provide direct services to victims in the form of emergency and transitional housing, counseling, emergency
transportation, language services and other direct forms of advocacy or assistance that help
provide a victim the help they need to remain safe.
In January 2014, this team submitted an application to the Department of Justice for a grant to continue to provide these services. In August 2014, we were awarded a $550,941 3-year grant to continue our successful program. I am the administrator of the grant. The City enters into sub-
recipient agreements with other partners to ensure all requirements of the grant are satisfied as
the grant administrator for the City. The City currently has an interlocal agreement with Gallatin
County regarding the City’s responsibility for funding of victim/witness advocacy. With the acceptance of a new OVW award for October 1, 2014 to September 30, 2017 an addendum to this agreement was necessary to reflect the $82,561 in grant funding allocated specifically for
victim/witness advocacy for the continuation of certain services provided to victims of domestic
violence, stalking and sexual assault.
91
A full description of the program, budget, memorandum of understanding, 2011 Interlocal
Agreement and 1st Addendum to the 2011 Interlocal Agreement between all partners in this
project is attached or available for review at:
http://weblink.bozeman.net/WebLink8/Browse.aspx?startid=73301
UNRESOLVED ISSUES: Ratification of agreements with other sub-recipient partners in the grant. Handled with separate memorandum request this same date.
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: None
Attachments:
Victim Witness Interlocal Agreement 111511
1st Addendum to Interlocal Agreement
Grant award and Special Conditions
Report compiled on: September 26, 2014
92
FIRST ADDENDUM TO THE GALLATIN COUNTY & CITY OF BOZEMAN INTERLOCAL AGREEMENT
FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM
THIS AGREEMENT is made and entered into this ____ day of ___________, 2014
between Gallatin County Montana (County) and the City of Bozeman, Montana (City).
WHEREAS, On November 15, 2011, the City and County entered into an agreement to provide services to victims and witnesses of crimes known as the Gallatin County and City of
Bozeman Interlocal Agreement for the Victim/Witness Assistance Program (the 2011 Interlocal
Agreement or 2011 IA); and
WHEREAS, the City and County desire to amend Section 8 of the 2011 Interlocal Agreement to recognize the City’s receipt of an additional award on August 4, 2014 from the
Federal Office on Violence Against Women at the Department of Justice for the continuation of
certain services provided to victims of domestic violence; and
WHEREAS, the County and City have authority to amend the 2011 Interlocal Agreement pursuant to Title 7, Chpt. 11, Part 1, MCA.
NOW, THEREFORE, the County and the City agree as follows:
1. To amend Section 8 of the 2011 Interlocal Agreement to read as follows:
“8. 2014 OVW GRANT SERVICES. On August 4, 2014 the federal Department of
Justice, Office on Violence Against Women (OVW) awarded the City a grant in the amount of
$550,941 to fund the Gallatin Project Consortium: Rural Project to End Violence Against
Women (hereinafter referred to as the “Gallatin Project”) (US DOJ Grant Number: 2014-WR-AX-0003) CFDA #16.589 (the “Grant”). The County agrees to participate in the Gallatin Project
consistent with the County’s responsibilities as detailed in the 2014 Memorandum of
Understanding (MOU) for the Gallatin Project. This section controls the terms and conditions of
the County’s provision of contracted services for the DVVA consistent with the Grant. The
DVVA hired with funding from the Grant shall be an employee of the Program. A. Period of Performance. The provisions of this section shall commence upon the
occurrence signing by both parties of this Addendum to the 2011 IA. The provisions of
this section related to the Grant and the DVVA shall end no later than September 30,
2017. B. Scope of Work. The County shall provide services to the City and the Gallatin Project
consistent with the 2011 IA, the Grant, and the MOU, as revised from time to time by the
parties to the MOU, which are hereby incorporated by reference and made a part of this
GALLATIN COUNTY & CITY OF BOZEMAN FIRST ADDENDUM TO INTERLOCAL AGREEMENT FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM Page 1 of 4
93
IA. If any provision of the MOU as revised conflicts with this IA the IA interpretation
consistent with this IA shall prevail.
C. Contacts. For purposes of this section, the primary contact for the City shall be Gallatin Project Director, currently Deputy Chief Rich McLane, Bozeman Police Department, or its designee, and for the County the primary contact shall be the Program Coordinator,
currently Jan Brownell, or its designee.
D. Special Conditions. In addition to the requirements of this Agreement, the County shall
comply with all requirements and Special Conditions imposed upon the City by the
federal Department of Justice and applicable to the City of Bozeman as recipient of the
Grant (attached) consisting of Special Conditions 1-43 listed in the Award Continuation
Sheet dated August 4, 2014.
The County must comply with applicable federal civil rights laws, including Title VI of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of
the Education Amendments of 1972, the Age Discrimination Act of 1975, and the
Department of Justice (DOJ) regulation for the Equal Treatment of Faith-Based
Organizations.
E. Reimbursement for Services/Requests for Payment. Reimbursement to the County for
services rendered under the MOU and this section 8 shall not exceed $82,561.00 during
the Period of Performance. Reimbursements will be made to the County only for
services authorized under the Grant.
The County may request reimbursement from the City for services provided under this
section 8 on a monthly a request to the Project Director within 20 days of the end of the previous month’s services. The City shall pay the County within 30 days of receipt of
such request.
Notwithstanding the timing of submittal of invoices for reimbursement, on a monthly
basis the County must submit to the Project Director, as part of the required reports under section 8.G, a budget tracking memorandum detailing all work performed by the DVVA
on behalf of the Gallatin Project including time tracking, copies of time sheets, and a
narrative discussion of the work performed during the previous month.
Allowable reimbursed costs, in addition to the annual salary and benefits of the new DVVA will be determined consistent with OMB Circular A-87: “Cost Principles for
State, Local, and Indian Tribal Governments,” (codified at 28 CFR Part 66, by reference)
(also available at http://www.whitehouse.gov/omb/circulars/a087/a87_2004.html.
GALLATIN COUNTY & CITY OF BOZEMAN FIRST ADDENDUM TO INTERLOCAL AGREEMENT FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM Page 2 of 4
94
F. Budget Adjustments/ Special Purchases. Any expenditure not specifically allowed under
the Grant must be approved by the Project Director prior to the expenditure. The Project
Director reserves the right to modify line item budgets of all Gallatin Project members to
the extent of its authority to meet the goals and objectives of the Gallatin Project, and will provide notification of these changes to the County.
G. Reports/ Accountability. The County agrees to develop and/or provide documentation as
requested by the City demonstrating the County’s compliance with the requirements of
the Grant, the MOU and this IA. The County shall collect and maintain service delivery data and provide timely reports to
the Project Director consistent with the requirements of the Department of Justice, the
Grant, and City procedures. The County shall assist the Project Director with preparing
and submitting the reports required by DOJ/OVW and respond promptly to all requests for documentation.
The County shall allow the City, its auditors, and other persons authorized by the City to
inspect and copy its books and records related to services provided under this section 8
for the purpose of verifying monies distributed to the County pursuant to this section, the MOU, and the Grant were used in compliance with this section and all applicable
provisions of federal, state, and local law.
H. Funding Agreement. In addition to the funding for the Program described in Section 7,
the City and County recognize the Grant funds the DVVA salary and benefits at 30% in year one of the grant (FY15) and at 20% and 10% in year 2 (FY16) and year 3 (FY17),
respectively. As such, the City and County agree, subject to annual general budgeting
appropriations, to each contribute in each year of the Grant FY15 through and FY17 50%
of the salary and benefits for the DVVA not funded by the Grant. Subject to requirements
of the Grant and section 8.F, above, the City will allocate funds from the Grant to the County to pay for equipment, travel and supplies directly attributable to the DVVA, such
as software licenses, office supplies, other equipment, local travel and travel for advanced
training opportunities.”
2. All other provisions of the 2011 Interlocal Agreement shall remain in full force and
effect.
GALLATIN COUNTY & CITY OF BOZEMAN FIRST ADDENDUM TO INTERLOCAL AGREEMENT FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM Page 3 of 4
95
BOARD OF GALLATIN COUNTY COMMISSIONERS
_______________________ Date:________________
Pierre Martineau, Chairman
CITY OF BOZEMAN
_______________________ Date:___________________
Jeffrey K. Krauss, Mayor
ATTEST:
_________________________
Stacy Ullmen, CMC
APPROVED AS TO FORM
_______________________
Greg Sullivan, City Attorney
C: Montana Secretary of State, Gallatin County Clerk and Recorder
GALLATIN COUNTY & CITY OF BOZEMAN FIRST ADDENDUM TO INTERLOCAL AGREEMENT FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM Page 4 of 4
96
GALLATI.N COUNTY & CITY OF BOZEMAN
INTERLOCAL AGREEMENT
FOR THE VICTIM/'WITNESS ASSISTANCE PROGRAM
THIS AGREEMENT is made and entered into this 154ay of November, 2011 between
Gallatin County Montana(County) and the City of Bozernan, Montana(City).
WHEREAS, Montana law requires the City and County to provide services to victims
and witnesses of crimes pursuant to §46-24-101, MCA, through §46-24-213, MCA; and
WHEREAS, in 1993, the County first obtained a grant from the Montana Board of Crime
Control to establish the Victim/Witness Assistance Program (the "Program") in the Gallatin
County Attorney s Office; and
WHEREAS, since that time the County has received grants from the Montana Board of
Crime Control and other agencies to fund the Program and also since 1994 the County has
entered into several interlocal agreements with the City wherein the City provides funding to the
County for the Program in return for the Program providing its services to the City; and
WHEREAS, the City and County currently fund the program through the Interlocal
Agreement: Gallatin County — City of Bozeman VictimlWitness Assistance Program ("1997
Agreement") and a .Memorandum of Understanding Between the City of Bozeman and Gallatin
County RE:A New Full-time VictimlWitness Position ("2008 Agreement"); and
WHEREAS, On September 23, 2011, the City received a three-year grant from the
federal Department of Justice's Office on Violence Against Women (federal grant 2011-WR-
AX-0014; CFDA 16.589) that includes funding to the City for personnel and training costs
associated with a full-time domestic violence victim advocate working on behalf of victims of
sexual assault, domestic violence, stalking and dating violence, and related issues; and
WHEREAS, the City desires to continue the long-term effective partnership with the
County by providing the OVW grant funds associated with the new domestic violence victim
advocate to the County for the County to use in the Program through employment of a new
domestic violence victim advocate and both the City and County desire to have this interlocal
agreement address the terms and conditions of the City's transfer of funds to the County; and
WHEREAS, in addition, the City and County desire to have this interlocal agreement
govern the ongoing relationship regarding overall funding for the Program; and
WHEREAS, the County and City have authority to enter into this interlocal agreement
and do so pursuant to Title 7, Chpt. 11, Part 1, MCA.
GALLATIN COUNTY&CITY OF BOZEMAN
INTERLOCAL AGREEMENT FOR THE VICTINIAVITNESS ASSISTANCE PROGRAM
Page I of
25
97
NOW, THEREFORE, the County and the City agree as follows:
1. PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Interlocal
Agreement (IA) is to maintain a coordinated full time Program between the County and the City
to allow their prosecutors and law enforcement officers to make referrals to the Program, to
improve the involvement of victims and witnesses in the criminal justice system by providing
services as mandated in §46-24-101, MCA through §46-24-213, MCA, and to meet the many
and varied needs of victims and witnesses and their families. The further purpose is to assist
victims and witnesses in cases involving physical injury or the threat thereof, such as homicide,
assault, domestic violence, stalking, etc., and victims and witnesses of property crimes, when the
services of the Program are appropriate for the victim/witness. An additional purpose is to have
this 1A. control the terms and conditions related to the County's provision of services for an
additional grant funded Domestic Violence Victim Advocate (DVVA). This 1A supersedes any
previous agreement between the City and County regarding the Program.
2. STATEMENT OF AGREEMENT. The County agrees to provide and fund, subject
to annual budget appropriations, the Program and its employees, facilities, and services to be
located within the Gallatin County Attorney's Office. The City agrees to contribute the amount
stated in Sections 7 and 8, below, to assist in the funding of the Program. The Program shall
provide services to victims and witnesses referred by the County Attorney, City Attorney,
County Sheriff, Bozeman Police, or any other law enforcement agency that investigates felony
crimes against persons, for victims and witnesses in cases involving physical injury or the threat
thereof, including but not limited to homicide, assault, domestic violence, and stalking, and
victims and witnesses of property crimes when the services of the Program are appropriate for
the victim or witness.
3. SEPARATE LEGAL ENTITY. There shall be no separate legal entity created as a
consequence of this IA.
4. DURATION/ TERMINATIONIDISPOSAL OF PROPERTY. Except as provided
herein regarding the Grant and the DVVA, this IA shall be in effect for a period of five (5) years
from the date of execution by both parties. Termination of this IA may occur other than at the
end of the above described term only upon mutual written agreement by the County and City.
The City acknowledges that it is not making any contribution to the County under this IA for the
acquisition of any personal or real property. Any such property acquired during the term of this
Agreement shall be the property of the County.
5. QUALIFICATIONS AND SUPERVISION OF THE PROGRAM. The Program
shall be a service of Gallatin County and any of the Program's employees shall be employees of
Gallatin County and subject to the County's human resource policies. The Program shall be
administered by a Victim/Witness Program Coordinator who shall be employed by and be under
the supervision of the Gallatin County Attorney. The Program Coordinator shall possess such
qualifications as determined by the Gallatin County Attorney. The County shall hold the City
GALLATIN COUNTY&CITY OF BOZEMAN
INTERLOCAL AGREEMENT FOR THE VICT I NMITNESS ASSISTANCE PROGRAM
Page 2 of 6
26
98
harmless for any and all claims arising from the actions of the County and the County's
employees under this IA.
6. PROJECT TEAM AND ADMINISTRATION OF AGREEMENT, Administration
of this IA shall include a minimum of quarterly meetings (four times per year) of the
Victim/Witness Project Team, which shall include but not be limited to the Gallatin County
Attorney, Gallatin County Sheriff, Bozeman City Attorney, and the Bozeman Chief of Police, or
their designees and one representative of the City and County Commissions. It is understood that
the County agrees to monitor the expenses of the administration of this IA relating to services
provided to the City.
7. FINANCING OF PROGRAM. The County and the City agree the costs for the
Program and services provided under this Agreement shall be allocated between the County and
City as follows:
A. For purposes of reimbursement by the City to the County for overall Program services,
the Program's annual budget amount shall be determined by taking the Program's overall
annually budgeted amount and subtracting: (i) the amount granted annually from the
Montana Board of Crime Control to the Program; (ii) the salary and benefits for the
victim advocate position directly assigned by the Program Coordinator to assist the City
in Bozeman Municipal Court; (iii) the salary and benefits of the additional DVVA as
detailed in Section 8; and (iv) any of the County's indirect costs associated with the
Program. The City shall pay the County 35% of the resulting amount.
B. Consistent with the 2008 Agreement, in addition to the amount described in subsection
TA, above, the City shall pay to the County 50% of the salary and benefits for the victim
advocate position directly assigned by the Program Coordinator to assist the City in
Bozeman Municipal Court.
8. 2011 QVW GRANT SERVICES. On September 23, 2011 the federal Department of
Justice, Office on Violence Against Women (OVW) awarded the City a grant in the amount of
579,781 to fund the Gallatin Project Consortium: Rural Project to End Violence Against
Women (hereinafter referred to as the "Gallatin Project") (US DOJ Grant Number: 2011-WR-
AX-0014; CFDA 16.589) (the "Grant"). The County agrees to participate in the Gallatin Project
consistent with the County's responsibilities as detailed in the Memorandum of Understanding
MOU) for the Gallatin Project. This section controls the terms and conditions of the County's
provision of contracted services for the DVVA consistent with the Grant. The DVVA hired with
funding from the Grant shall be an employee of the Program.
A. Period of Performance. The provisions of this section shall commence upon the
occurrence of all of the following: (i) signing by both parties of this IA; (ii) the County's
entering into the Gallatin Project's MOU; and (iii) authorization by DOJ/OVW of a
budget amendment transferring the Grant funding for the DVVA from "City Personnel"
GALLATIN COUNTY&CITY OF BOZE MA N
INTERLOCAL AGREEMENT FOR THE VICTINIAVITNESS ASSISTANCE PROGRAM
Page 3 of
27
99
to "Contracted Services." The provisions of this section related to the Grant and the
DVVA shall end no later than September 30, 2014.
B. Scope of Work. The County shall provide services to the City and the Gallatin Project
consistent with this IA, the Grant, and the MOU, which are hereby incorporated by
reference and made a part of this IA. If any provision of the MOU conflicts with this IA
the IA interpretation consistent with this 1A shall prevail.
C. Contacts. For purposes of this section, the primary contact for the City shall be Gallatin
Project Director, currently Lt. Rich McLane, Bozeman Police Department, or its
designee, and for the County the primary contact shall be the Program Coordinator,
currently Jan Brownell, or its designee,
D. Special Conditions. In addition to the requirements of this IA, in fulfillment of the
services provided under this section 8, the County shall comply with all requirements and
Special Conditions imposed upon the City by the federal Department of Justice and
applicable to the City as recipient of the Grant (conditions attached) consisting of civil
rights requirements stipulated in the letter from Michael L. Alston, Director, Office of
Civil Rights, to Chris Kukulski dated September 23, 2011; and Special Conditions 1-30
listed in the Award Continuation Sheet dated September 23, 2011.
E Reimbursement for Services/Requestsuests, for Payment. Reimbursement to the County for
services rendered under the MOU and this section 8 shall not exceed $117,578.00 during
the Period of Performance, Reimbursements will be made to the County only for services
authorized under the Grant.
The County may request reimbursement from the City for services provided under this
section 8 on a monthly, quarterly, or yearly basis by submitting a request to the Project
Director. The City shall pay the County within 30 days of receipt of such request.
Notwithstanding the timing of submittal of invoices for reimbursement, on a monthly
basis the County must submit to the Project Director, as part of the required reports under
section 8,G, a budget tracking memorandum detailing all work performed by the DVVA
on behalf of the Gallatin Project including time tracking, copies of time sheets, and a
narrative discussion of the work performed during the previous month.
Allowable reimbursed costs, in addition to the annual salary and benefits of the new
DVVA will be determined consistent with OMB Cireular A-87- "Cost Principles for
State, Local, and Indian Tribal Governments," (codified at 28 CFR Part 66, by reference)
also available at http://www.whitehouse.gov/omb/circulars/a087/a87 2004.html.
F. B dgret Adjustments/ Special Purchases. Any expenditure not specifically allowed under
the Grant must be approved by the Project Director prior to the expenditure. The Project
GALLATIN COUNTY&CITY OF BOZEMAN
INTERLOCAL AGREEMENT FOR THE VICTIMINVITNESS ASSISTANCE PROGRAM
Page 4 of 6
28
100
Director reserves the right to modify line item budgets of all Gallatin Project members to
the extent of its authority to meet the goals and objectives of the Gallatin Project, and will
provide notification of these changes to the County.
G. Retorts/ Accountability. The County agrees to develop and/or provide documentation as
requested by the City demonstrating the County's compliance with the requirements of
the Grant,the MOU and this I.A.
The County shall collect and maintain service delivery data and provide timely reports to
the Project Director consistent with the requirements of the Department of Justice, the
Grant, and City procedures. The County shall assist the Project Director with preparing
and submitting the reports required by DOJ/OVW and respond promptly to all requests
for documentation.
The County shall allow the City, its auditors, and other persons authorized by the City to
inspect and copy its books and records related to services provided under this section 8
for the purpose of verifying monies distributed to the County pursuant to this section, the
MOU, and the Grant were used in compliance with this section and all applicable
provisions of federal, state, and local law.
1-1. Funding Agreement. In addition to the funding for the Program described in Section 7,
the City and County recognize the Grant funds the DVVA fully in year one of the grant
FY12) and at 80% and 60% in year 2 ( Y13) and year 3 (FY14), respectively. As such,
the City and County agree, subject to annual general budgeting appropriations, to each
contribute in FY13 and FY14 50% of the salary and benefits for the DVVA not funded
by the Grant. The amount provided by the City to the County in FYI shall only be the
salary and benefits expended by the County on the DVVA from the date of hire through
June 30, 2012. Subject to requirements of the Grant and section 8.17, above, the City will
allocate funds from the Grant to the County to pay for equipment, travel and supplies
directly attributable to the DVVA, such as software licenses, office supplies, other
equipment, local travel and travel for advanced training opportunities.
9. DISCRIMINATION. The County and City agree not to discriminate in the
fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status,
national origin, or actual or perceived sexual orientation, gender identity or disability.
10. OTHER MATTERS. The above stated provisions constitute the entire agreement
between the parties hereto.
BOARD OF GALLATIN COUNTY COMMISSIONERS
GALLATIN COUNTY&CITY OF BOZEs IAN
INTERLOCALAGREEMEN'T FOR THE VICTINIAVITNESS ASSISTANCE PROGRAM
Page 5 of G
29
101
a
Chairman
CITY OF BOZEMAN
r ofr Krauss, Mayor
AT"PEST ~
YA L-0-4-ti,
Stacy eye end
APPR0VV 01" C}R
g Sullivan, City Attorney
C: Montana Secretary of State, Gallatin County Clerk and Recorder
GALLATIN COUNTY&CITY OF BOZENt-XN
INTERLOCAL AGREEMENT FOR THE VICTIMAVITNESS ASSISTANCE PROGRAM
Purge 6 of 6
30
102
103
104
105
106
107
108
109