HomeMy WebLinkAbout14- City Grant #2014-003 Neighborhood Conservation Overlay District Agreement with Community Development Block Grant Contract (CDBG)DocuSign Envelope ID: 7056FDDA-B5A5-470E-B32B-EB864EF2DF76
MONTANA DEPARTMENT OF COMMERCE
COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT
CONTRACT #MT-CDBG- 14PL-03
This Contract is entered into by the City of Bozeman (DUNS #083705293) Montana (the
Grantee), and the Montana Department of Commerce, Helena, Montana, (the Department).
The Grantee and the Department hereby agree to the following terms:
Section I. PURPOSE
The purpose of this Contract is to provide funding to the Grantee for project activities
approved by the Department under the Montana Community Development Block Grant
Program (hereinafter "Program") for FFY 2014.
Section 2. AUTHORITY
This contract is issued under authority of Section 90-1-103, Montana Code Annotated, and the
Administrative Rules of Montana, Title 8, Chapter 94, Subchapter 37.
Section 3. APPLICATION INCORPORATED BY REFERENCE
The Grantee's application for Program assistance, including any written modifications resulting
from the review of the applications by the Department (collectively, the "Project"), is
specifically incorporated into this Contract by this reference and the representations made
therein are binding upon the Grantee.
Section 4. ACCEPTANCE OF CDBG PROGRAM REQUIREMENTS
(a) The Grantee will comply with all applicable parts of the Housing and Community
Development Act of 1974, as amended, 42 U.S.C. §§ 5301, et seq.; the applicable
Department of Housing and Urban Development (HUD) regulations, including but not
limited to 24 CFR Part 570 and Form HUD -4010, as now in effect or as they may be
amended during the term of this contract; all administrative directives and procedures
established by the Department, including the most recent version of the CDBG/NSP
Grant Administration Manual; and all other applicable local, state, and federal laws,
regulations, administrative directives, procedures, ordinances, or resolutions.
(b) The Grantee agrees that all contracts entered into by it for the completion of the
activities described in Section 6, SCOPE OF WORK will require such contractors,
subcontractors, and subrecipient entities to also comply with all applicable local, state,
and federal laws, regulations, administrative directives, procedures, ordinances, and
resolutions, including the most current version of the CDBG Application Guidelines for
Housing and Public Facilities Planning Grants, as amended.
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(c) The Grantee expressly agrees to repay to the Department any funds advanced to the
Grantee under this Contract that the Grantee, its contractors, subcontractors, or
subrecipient entities, or any public or private agent or agency to which it delegates
authority to carry out portions of this Contract, expends in violation of the terms of
this Contract, the statutes and regulations governing the Program, or any other
applicable local, state, or federal requirements.
Section S. EFFECTIVE DATE AND TIME OF PERFORMANCE
(a) This Contract shall take effect upon execution by the parties and will terminate upon
approval of Grantee's final Request for Funds by the Department, unless terminated
earlier in accordance with the terms of this Contract.
(b) All authorized expenses to be reimbursed must be incurred by the Grantee between
October 8, 2014 and October 7, 2015. All Requests for Funds must be submitted to
the Department within 60 days of final Project close-out.
(c) The activities to be performed by the Grantee will be completed according to the
implementation schedule set forth in Exhibit A. The Grantee may modify the
implementation schedule set forth in Exhibit A only upon obtaining the prior written
approval of the Department.
(d) The Department may grant a Contract extension upon request by the Grantee if the
Department determines, in its sole discretion, that the Grantee has demonstrated
progress toward completion of the Project, has engaged in a good faith effort to comply
with the duties, terms, and conditions of this Contract, and that the failure to comply
with any of those services, duties, terms, or conditions resulted from circumstances
beyond the Grantee's control. A written request for an extension must be submitted at
least 30 days prior to the termination date of the Contract.
Section 6. SCOPE OF WORK
The Grantee will complete the Project and administer this Contract in compliance with the
application reviewed and approved by the Department and as may be amended from time to
time by mutual agreement of the parties, specifically incorporated herein by this reference and
binding upon the Grantee. The Grantee will use CDBG funds for the following components of
the Project:
• Preparation of a Comprehensive Review of the City's Neighborhood
Conservation Overlay District; and
• provide the final product both in one (1) printed and one(I) electronic copy,
and
• limited administration of this Contract, in accordance with the current version
of the CDBG Application Guidelines for Housing & Public Facilities Planning
Grants.
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Section 7. BUDGET
(a) The total amount to be awarded to the Grantee under this Contract will not exceed
$30,000.
(b) A copy of the Project Budget is attached hereto as Exhibit B to this Contract and
specifically incorporated herein by this reference. Any changes to the budget as
proposed and incorporated within this contract require a written request to, and
approval by, the Department.
(c) Any authorized funds not expended under this grant by October 7, 2015 or otherwise
accounted for in accordance with the provisions of this Section will revert to the
Department and will be used to finance other CDBG projects.
Section 8. METHOD OF REIMBURSEMENT
(a) The Department will authorize the Grantee to draw up to $30,000 against the funding
reserved for it by the Department. In drawing against the reserved amount, the Grantee
will follow the instructions supplied by the Department in the most current CDBG
Application Guidelines for Housing and Public Facilities Planning Grants.
(b) The Department agrees to reimburse the Grantee as set forth in this Section for
successfully completing the activities set forth in Section 6 SCOPE OF WORK as eligible
Project costs are incurred on or after October 8, 2014, supported by adequate
documentation submitted by the Grantee, and upon the Department's approval of the
Grantee's Request for Funds. In requesting reimbursement, the Grantee will follow the
instructions supplied by the Department in the most current CDBG Application Guidelines
for Housing and Public Facilities Planning Grants.
(d) Payment to the Grantee for approved Project activities under the Contract will
generally be in accordance with the disbursement schedule listed below:
(i) Payment #1 — 50% of the grant award amount will be available after the
Department receives a draft of the Project deliverables, documenting that the
Grantee is adequately proceeding toward the preparation of a complete and
acceptable final product; and
(ii) Payment #2 — The remaining 50% of the grant award amount will be available
after the Department receives a final copy of all required deliverables to be
completed under the Contract, a Project Completion Report, the Grantee's final
Request for Reimbursement and proof of match.
(c) In order to request payment from the Department, grantees must submit a Request for
Funds Form with supporting documentation including invoices detailing the project
expenses incurred and a breakdown of hourly billing rate by employee, activity, and
timeframe, as applicable. To receive final payment, the grantee must also include both a
hard copy and an electronic copy of the planning deliverables (PAR, PER, etc.). Commerce
will determine, in its sole discretion, whether supporting documents for a request for
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payment are sufficient and adequate to approve reimbursement; the Department may
request additional documentation as needed. If the grantee fails to obligate expenses on or
before the termination date of the grant contract, Commerce cannot reimburse the
grantee planning grant award funds, unless the grantee can demonstrate, to the satisfaction
of Commerce, a reasonable basis for the delay in requesting reimbursement. All
documentation and requests for reimbursement must be received by the department
within 60 days of termination of the grant contract.
(e) The Department will not reimburse the Grantee for any costs incurred prior to
October 8, 2014; for any expenses not included in Exhibit B or an approved adjustment
thereto; for any ineligible expenses as set forth in the CDBG Application Guidelines for
Housing and Public Facilities Planning Grants; or for any expenses not clearly and
adequately supported by the Grantee's records. Project expenses incurred are
contingent upon the Grantee's completion of Section 18, SPECIAL PROJECT START-UP
CONDITIONS.
(f) As further set forth in Section 23 TERMINATION OF CONTRACT, if the Grantee fails
to or is unable to comply with any of the terms and conditions of this Contract, any
costs incurred will be the Grantee's sole responsibility.
(g) The Department is allowed 15 working days to process a Request for Funds once
adequate supporting documentation has been received by the Department. The
Grantee shall provide banking information at the time of Contract execution in order
to facilitate electronic funds transfer payments.
(h) If the Grantee changes one of its sources of funding or the cost of the Project increases
after the Grantee has obtained the firm commitment of non-CDBG funds, the
Department may, at its discretion, suspend the distribution of CDBG funds until the
Grantee obtains a firm commitment of funds for the full Project budget.
(i) If actual Project expenses are lower than projected by the Grantee in Exhibit B, or the
Grantee obtains a greater amount of grant funds from other sources than as presented
in the Project application, the Department, at its discretion, may reduce the amount of
CDBG grant funds to be provided to the Grantee under this Contract in proportion to
all other project funding sources.
(j) The Department of Commerce may, at its discretion, withdraw from the Grantee the
commitment of any CDBG funds that remain undispersed 24 months after October 8,
2014.
(k) If the Department determines that the Grantee has failed to satisfactorily carry out its
responsibilities under this Contract or has breached the terms of this Contract, the
Department may withhold reimbursement to the Grantee until such time as the
Department and the Grantee agree on a plan to remedy the deficiency.
(1) At the request of the Department, Requests for Reimbursement for contracted or
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subcontracted services must attach appropriate documentation demonstrating
compliance with contract requirements.
(m) If needed, the Grantee's travel expenses, meals, and lodging will be reimbursed at the
prevailing local rate at the time such expense is incurred. The Grantee may not use
monies provided through this Contract as payment for Project costs that are
reimbursed from other sources.
(n) The Department will issue a final Project closeout approval when the grantee has
fulfilled all requirements as set forth in the most current version of the CDBG
Application Guidelines for Housing and Public Facilities Planning Grants.
(o) If any obligations remain as of the date of Project closeout, the Department shall
prepare and the parties shall execute a Closeout Agreement specifying the conditions
and requirements governing those remaining obligations, in accordance with the
requirements set forth in 24 CFR § 570.509(c).
Section 9. REPORTING REQUIREMENTS
(a) Quarterly Update Report: During the term of this Contract, the Grantee will submit a
quarterly update report, if requested by the Department. This report shall follow the
report format specified in the most recent version of the CDBG Application Guidelines
for Housing and Public Facilities Planning Grants, and shall describe the status of the
Project with respect to the activities set forth in Section 6, SCOPE OF WORK,
including, at a minimum, the percentage complete, costs incurred, funds remaining, and
projected completion date. The report must also describe any significant problems
encountered and any necessary scope, implementation or budget modifications
requested.
(b) Project Progress Reporting: During the term of this Contract, the Grantee will submit a
Project Progress Report with any Requests for Funds. The report will describe the use
of the funds requested for each administrative and activity line item. The report should
also describe any anticipated changes in the budgeted amounts.
(c) Status of Fund Reporting: During the term of this Contract, the Grantee will submit a
Status of Funds Report with any Requests for Funds.
(d) Project Completion Report: Upon completion of the Project, the Grantee will submit a
final Project Completion Report for approval by the Department. The Project
Completion Report will describe the total costs incurred for the Project, identify the
final completion date, and summarize any significant problems encountered in carrying
out the Project. Within 30 days of receiving the Project Completion Report, the
Department will issue the Notice of Project Close-out.
Section 10. LIAISONS
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All project management and coordination on behalf of the Department shall be through a single
point of contact designated as the Department's liaison. The Grantee shall designate a liaison
that will provide the single point of contact for management and coordination of Contractor's
work. All work performed pursuant to this Contract shall be coordinated between the State's
liaison and the Grantee's liaison. The liaisons for this Contract are:
For the Department:
Maria Jackson (or successor)
CDD Planning Specialist, MDOC
301 S. Park Ave.
P.O. Box 200523
Helena, MT 59620-0523
406-841-2770
mjackson3@mt.gov
For the Grantee:
Wendy Thomas, Director of Community Development
City of Bozeman
PO Box 1230
Bozeman, MT 59771
wthomas@bozeman.net
Section 11. ACCESS TO AND RETENTION OF RECORDS
(a) The Grantee agrees to create and maintain records supporting the services covered
by this Contract, including but not limited to financial records, supporting documents,
and such other records as are required by law or other authority, for a period of four
(4) years after either the completion date of the Contract or the conclusion of any
claim, litigation, or exception relating to the Contract taken by the State of Montana
or third party, whichever is later. These records will be kept in the Grantee's offices in
Bozeman, Montana.
(b) The Grantee shall provide the Department, HUD, Comptroller General of the United
States, Montana Legislative Auditor, or their authorized agents access to any records
necessary to determine Contract compliance, or their authorized agents access to any
records necessary to determine contract compliance.
(c) The Grantee agrees to include in first-tier subcontracts under this Contract a clause
substantially the same as paragraph I I (a) and (b).
Section 12. PROJECT MONITORING
(a) The Department or any of its authorized agents may monitor and inspect all phases and
aspects of the Grantee's performance to determine compliance with Section 6, SCOPE
OF WORK, and other technical and administrative requirements of this Contract,
including the adequacy of the Grantee's records and accounts. The Department will
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advise the Grantee of any specific areas of concern and provide the Grantee
opportunity to propose corrective actions acceptable to the Department.
(b) Failure by the Grantee to proceed with reasonable promptness to take necessary
corrective actions shall be a default. If the Grantee's corrective actions remain
unacceptable, the Department may terminate this Contract in whole or in part,
pursuant to the provisions of Section 23, TERMINATION OF CONTRACT,
Section 13. COMPLIANCE WITH NONDISCRIMINATION LAWS
The Grantee must, in performance of work under the Contract, fully comply with all applicable
federal, state, or local nondiscrimination 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, Section 109 of the Housing And Community
Development Act of 1974, Section 3 of the Housing and Urban Development Act of 1968,
Executive Order 11246 of Sept. 24, 1965, and Section 504 of the Rehabilitation Act of 1973.
Any contracting, subletting, or subcontracting by the Grantee subjects contractors,
subcontractors, and subrecipient entities to the same provision. In accordance with Mont.
Code Ann. § 49-3-207, the Grantee agrees that the hiring of persons to perform the 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 the Contract.
Section 14. ACCOUNTING, COST PRINCIPLES, AND AUDITING
(a) The Grantee, in accordance with Section 18-4-311, MCA and other authorities, must
maintain for the purposes of this Contract an accounting system of procedures and
practices that conforms to Generally Accepted Accounting Principles (GAAP).
(b) The Department or any other legally authorized governmental entity or their authorized
agents may, at any time during or after the term of this Contract, conduct, in
accordance with Sections 2-7-503, 5-13-304, and 18-1-118, MCA and other authorities,
audits for the purposes of ensuring the appropriate administration, expenditure of the
monies, and delivery of services provided through this Contract.
Section IS. AVOIDANCE OF CONFLICT OF INTEREST
(a) The Grantee will comply with the provisions of the applicable HUD regulations of 24
C.F.R. Parts 84, 85, and 570.611, and with sections 2-2-121,2-2-201, 7-3-4256, 7-3-
4367, 7-5-2106, and 7-5-4109, MCA, (as applicable), and any other applicable local, state,
or federal law regarding the avoidance of conflict of interest.
(b) The Grantee agrees that none of its officers, employees, or agents will solicit or accept
gratuities, favors, or anything of monetary value from contractors, subcontractors, or
potential contractors and subcontractors, who provide or propose to provide services
relating to the project funded under this Contract.
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(c) The Grantee shall promptly refer to the Department any credible evidence that a
principal, employee, agent, contractor, sub -grantee, subcontractor, or other person has
submitted any false claim or has committed any criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving
funds provided under this Contract.
Section 16. OWNERSHIP AND PUBLICATION OF MATERIALS
(a) All reports, information, data, and other materials prepared by the Grantee pursuant to
this Contract are the property of the Grantee and the Department, which both have
the royalty -free, nonexclusive, and irrevocable right to reproduce, publish or otherwise
use, and to authorize others to use, in whole or part, such property and any information
relating thereto. No material produced in whole or in part under this Contract may be
copyrighted or patented in the United States or in any other country without the prior
written approval of the Grantee and the Department.
(b) To the extent the funds awarded under this Contract will be used by any small business
firm or non-profit organization, as defined in 37 C.F.R. 401.2, such firm(s) or
organization(s) are subject to the standard patent rights clause set forth in its entirety in
37 C.F.R. 401.14 and specifically incorporated herein by this reference.
Section 17. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING
(a) The Grantee may assign, transfer, or subcontract any portion of this Contract,
however, Grantee accepts responsibility for the adherence to the terms of this
Contract by such contractors, subcontractors, or subrecipient entities and by any public
or private agents or agencies to which it delegates authority to carry out any portion(s)
of this Contract.
(b) The Grantee's assignment, transfer, or subcontract of this Contract or any portion
thereof neither makes the State a party to that agreement nor creates any right, claim,
or interest in favor of any party to that agreement against the State.
(c) The Grantee must immediately notify the Department of any litigation concerning any
assignment, transfer, or subcontract of this Contract or any portion thereof.
Section 18. SPECIAL PROJECT START-UP CONDITIONS
(a) The Grantee will not obligate or utilize funds for any activities provided for by this
Contract until:
(i) The Grantee completes an Environmental Review Record and the
Department issues a Notice of Release of Funds; however, upon
receiving written authorization from the Department, the Grantee may
incur administrative costs necessary for the preparation of the
Environmental Review Record and for planning activities defined as
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exempt under 24 CFR Part 58.34:
(ii) The Grantee submits to the Department evidence of the firm
commitment of the other financial resources necessary for the
completion of the Project as defined in Section 6, SCOPE OF WORK,
and Exhibit A, within the budget set forth in Exhibit B.
(iii) The Grantee submits to the Department and the Department approves
an acceptable Project Budget and Implementation Schedule.
(iv) The Grantee completes the civil rights activities described in Chapter 5,
"Civil Rights," of the current version of the Department's CDBG Grant
Administration Manual. The Department, at its sole discretion, may
approve a deferral of certain elements of this requirement.
(v) Other conditions, as needed, including the Signature Certification and
Designation of Depository Forms.
(b) Within nine (9) months of the date of the announcement of the tentative grant award
letter issued by the Department October 8, 2014, the Grantee shall have completed all
necessary arrangements to assure that the other financial resources necessary for the
completion of the Project are available for commitment to and participation in Section
6, SCOPE OF WORK in order to guarantee timely Project completion. If the Grantee
fails to secure the commitment of all other financial resources for the Project within this
timeline, the Department will withdraw the tentative award and reallocate the funds,
unless the Grantee can demonstrate the existence of unusual or extenuating
circumstances that justify an extension of time.
Section 19. HOLD HARMLESS AND INDEMNIFICATION
The Grantee agrees to protect, defend, and save the State, its elected and appointed officials,
agents, and employees, while acting within the scope of their duties as such, harmless from
and against all claims, demands, causes of action of any kind or character, including the cost of
defense thereof, arising in favor of the Grantee's employees or third parties on account of
bodily or personal injuries, death, or damage to property arising out of services performed or
omissions of services or in any way resulting from the acts or omissions of the Grantee
and/or its agents, employees, representatives, assigns, subcontractors, except the sole
negligence of the State, under the Contract.
Section 20. INSURANCE
(a) General Requirements. Grantee shall maintain and shall assure that its representatives,
assigns, and subcontractors maintain for the duration of the Contract, at their own cost
and expense, liability insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the duties and
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obligations in the Contract by Grantee, its agents, employees, representatives, assigns,
or subcontractors. This insurance shall cover such claims as may be caused by any
negligent act or omission. The State, its officers, officials, employees, and volunteers are
to be covered as additional insured's for all claims arising out of the use of grant
proceeds provided by the State of Montana.
(b) General Liability Insurance. At its sole cost and expense, the Grantee shall purchase
occurrence coverage with minimum combined single limits of $1 million per occurrence
and $2 million aggregate per year, or as established by statutory Tort limits of $750,000
per claim and $1,500,000 per occurrence as provided by a self-insurance pool insuring
counties, cities, or towns, as authorized under Section 2-9-211, MCA.
(c) Professional Liability Insurance. Grantee shall assure that any representatives, assigns,
and subcontractors performing professional services under this Contract purchase
occurrence coverage with combined single limits for each wrongful act of $1,000,000
per occurrence and $2,000,000 aggregate per year. Note: if "occurrence' coverage is
unavailable or cost prohibitive, the Contractor may provide "claims made" coverage
provided the following conditions are met: (1) the commencement date of the contract
must not fall outside the effective date of insurance coverage and it will be the
retroactive date for insurance coverage in future years; and (2) the claims made policy
must have a three (3) year tail for claims that are made (filed) after the cancellation or
expiration date of the policy.
(d) General Provisions. All insurance coverage shall be placed with a carrier licensed to do
business in the State of Montana or by a domiciliary state and with a Best's rating of at
least A-, or by a public entity self-insured program either individually or on a pool basis
as provided by Title 2, MCA. All certificates and endorsements are to be received by
the Department prior to beginning any activity provided for under the Contract.
Grantee shall notify the Department immediately of any material change in insurance
coverage, such as changes in limits, coverage, change in status of policy, etc. The
Department reserves the right to request complete copies of Grantee's insurance policy
at any time, including endorsements.
Section 21. DEBARMENT
The Grantee certifies and agrees to ensure during the term of this Contract that neither it nor
its principals, contractors, subcontractors, or subrecipient entities are debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in the
Contract by any governmental department or agency. If the Grantee cannot certify this
statement, attach a written explanation for review by the Department.
The Grantee certifies and agrees to ensure during the term of this Contract that neither it nor
its principals, contractors, subcontractors, or subrecipient entities are debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal assistance programs under
Executive Order 12549, "Debarment and Suspension."
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Section 22. CONTRACT AMENDMENT
(a) Except as otherwise set forth herein, this Contract may not be enlarged, modified, or
altered except upon written agreement by all parties to the Contract.
(b) The Department will agree to an amendment only if the Grantee clearly demonstrates
that the modification is justified and will enhance the overall impact of the original
Project. The Department will consider each request to determine whether the
modification is substantial enough to necessitate reevaluating the Project's original
ranking. If warranted, the Department will analyze the impact of the proposed
modification on the scores assigned to the Grantee's application in the original grant
competition.
(c) The Department will not approve amendments to the SCOPE OF WORK or the
BUDGET that would materially alter the circumstances under which the original
application was reviewed by the Department.
Section 23. TERMINATION OF CONTRACT
This Contract may only be terminated in whole or in part as follows:
(a) The Department may, by written notice to the Grantee, terminate this Contract in
whole or in part at any time the Grantee or any of its contractors, subcontractors, or
subrecipient entities fails to perform this Contract or materially fails to comply with
any term of this Contract, whether stated herein or in any applicable local, state or
federal law, regulation, administrative directive, procedure, ordinance, or resolution.
Upon such failure(s), the Department may take one or more of the following actions,
as appropriate in the circumstances:
i) Temporarily withhold cash payments pending correction of the deficiency by
the Grantee or more severe enforcement action by the Department;
ii) Disallow all or part of the cost of the activity or action not in compliance;
iii) Wholly or partly suspend or terminate the grant for the Project;
iv) Withhold further grants to the Project or to the Grantee;
V) Take other remedies that may be legally available.
(b) Any costs or expenses incurred by the Grantee from obligations arising during a
suspension or after termination of the grant pursuant to this Section are not allowable
unless the Department expressly authorizes them in the notice of suspension or
termination or subsequently in writing thereafter. Other necessary and not
reasonably avoidable Grantee costs incurred during suspension or after termination
are allowable if:
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i) They result from obligations properly incurred by the Grantee before the
effective date of suspension or termination, are not in anticipation of it, and in
the case of a termination, noncancellable; and
ii) The costs would be allowable if the award were not suspended or expired
normally at the end of the funding period in which the termination takes effect.
(c) The Department may terminate this Contract in whole or in part at any time with the
consent of the Grantee, in which case the parties shall agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion of the Contract to be terminated;
(d) The Grantee may terminate this Contract in whole or in part at any time upon written
notification to the Department, setting forth the reasons for such termination, the
effective date, and in the case of partial termination, the portion of the Contract to be
terminated. However, if, in the case of a partial termination, the Department
determines that the remaining portion of the award will not accomplish the purposes
for which the award was made, the Department may terminate the award in its
entirety under paragraph (a) of this section.
(e) The Department may, at its sole discretion, terminate or reduce the scope of this
Contract if available funding sources are eliminated or reduced for any reason. If a
termination or modification is so required, the Department will, if sufficient Program
funds are available, compensate the Grantee for eligible Project expenses incurred by
the Grantee as of the revised termination date. The Department will give the Grantee
written notice of the effective date of the modification or termination of this Contract
and, if a reduction in funding is required, will provide the Grantee with a modified
Project budget.
Section 24. DEFAULT
Failure on the part of either party to perform the provisions of the Contract constitutes
default. Default may result in the pursuit of remedies for breach of contract as set forth
herein or as otherwise legally available, including but not limited to damages and specific
performance.
Section 25. COMPLIANCE WITH WORKERS' COMPENSATION ACT
Grantees are required to comply with the provisions of the Montana Workers' Compensation
Act while performing work for the State of Montana in accordance with Sections 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. Neither the Grantee nor its employees are employees of the State.
This insurance/exemption must be valid for the entire term of the Contract. Proof of
compliance and renewal documents must be sent to the Department.
12 of 16
Community Development Block Grant, CFDA 14.228 Contract #MT-CDBG-I4PL-03
Montana Department of Commerce City of Bozeman
DocuSign Envelope ID: 7056FDDA-85A5-470E-B32B-EB864EF2DF76
Section 26. FORCE MAJEURE
Neither party shall be responsible for failure to fulfill its obligations due to causes beyond its
reasonable control, including without limitation, acts or omissions of government or military
authority, acts of God, materials shortages, transportation delays, fires, floods, labor
disturbances, riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the
reasonable control of the non-performing party, so long as such party is using its best efforts to
remedy such failure or delays.
Section 27. SEPARABILITY
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 dependent.
Section 28. NOTICE
All notices required under the provisions of the Contract must be in writing and delivered to
the parties' liaisons as identified herein either by first class mail or personal service.
Section 29. NO ARBITRATION
Unless otherwise agreed to in writing or provided for by law, arbitration is not available to the
parties as a method of resolving disputes that would arise under this Contract.
Section 30. REFERENCE TO CONTRACT
The Contract number must appear on all invoices, reports, and correspondence pertaining to
the Contract.
Section 31. NO WAIVER OF BREACH
No failure by the Department to enforce any provisions hereof after any event of breach shall
be deemed a waiver of its rights with regard to that event, or any subsequent event. No
express failure of any event of breach shall be deemed a waiver of any provision hereof. No
such failure or waiver shall be deemed a waiver of the right of the Department to enforce each
and all of the provisions hereof upon any further or other breach on the part of the Grantee.
Section 32. JURISDICTION AND VENUE
The laws of Montana govern this Contract. The parties agree that any litigation concerning
the 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.
13 of 16
Community Development Block Grant, CFDA 14.228 Contract #MT-CDBG- I 4PL-03
Montana Department of Commerce City of Bozeman
DocuSign Envelope ID: 7056FDDA-B5A5-470E-B32B-EB864EF2DF76
Section 33. INTEGRATION
The Contract contains the entire agreement between the parties, and no statements,
promises, or inducements of any kind made by either party, or the agents of either party, not
contained herein or in a properly executed amendment hereto are valid or binding.
IN WITNESS OF THE TERMS SET OUT ABOVE, the parties have caused this Contract
to be executed.
CITY OF BOZEMAN:
,Z -/I -
Chris Kukulski, City Manager Date
MONTANA DEPARTMENT OF COMMERCE:
as Deputy Director 12/12/2014
Meg O'Leary Director Date
Department of Commerce
14 of 16
Community Development Block Grant, CFDA 14.228 Contract #MT-CDBG-I4PL-03
Montana Department of Commerce City of Bozeman
DocuSign Envelope ID: 7056FDDA-B5A5-470E-B32B-EB864EF2DF76
EXHIBIT A
PROJECT IMPLEMENTATION SCHEDULE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CITY OF BOZEMAN
CONTRACT #MT-CDBG-I4PL-03
TASK MONTH
PROJECT START UP
Preparation of MDOC Contract October 2014
PROCUREMENT OF
PROFESSIONAL ASSISTANCE'
Submit Request for Proposals (RFP) to DOC November 2014
for approval, if required z
Publish RFP November 2014
Select professional January 2015
Execute agreement with professional January 2015
PROJECT IMPLEMENTATION
Prepare draft plan/report May 2015
Submit interim drawdown of funds May 2015
Public review and comment June 2015
Finalize plan/report August 2015
PROJECT CLOSEOUT
Submit final deliverable September 2015
Submit final drawdown October 2015
I Including professional engineers, architects, and community
development consultants, etc.
2 Architectural and engineering services must be procured in
compliance with Section 18-8-201, MCA.
15 of 16
Community Development Block Grant, CFDA 14.228 Contract #MT-CDBG- I 4PL-03
Montana Department of Commerce City of Bozeman
DocuSign Envelope ID. 7056FDDA-B5A5-470E-B32B-EB864EF2DF76
EXHIBIT B
PROJECT BUDGET
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CITY OF BOZEMAN
CONTRACT #MT-CDBG- 14PL-03
BUDGET for CDBG Planning Grant
SOURCE:
SOURCE:
CDBG
Match — City
TOTAL
of Bozeman
Activities
Professional
Services
$30,000
$30,000
$60,000
Other
Public Meetings, Outreach
$5,000
$5,000
TOTAL
PLANNING
$30,000
$35,000
$65,000
PROJECT
16 of 16
Community Development Block Grant, CFDA 14.228 Contract #MT-CDBG-I4PL-03
Montana Department of Commerce City of Bozeman
DocuSign Envelope ID: 7056FDDA-85A5-470E-B32B-ES864EF2DF76
CONTRACT INFORMATION SHEET
Division staff are required to complete the items in blue print.
Contract Number:
MT-CDBG-I4PL-03
Division: CDD
Contractor's Name:
City of Bozeman
Contractor (Signee) Name:
Chris Kukulski, City Manager
Contractor's Email:
ckukulskgbozeman.net
Contractor's Address:
PO Box 1230, Bozeman MT 59771
Vendor Number:
Attest Name:
23437
Attest Email:
Approved As To Form
N/A
Name:
Approved As To Form
N/A
Email
Duns Number:
083705293
Begin Date:
(Federal Funds Required)
12/8/2014
Amount:
30,000.00
Organization Number:
606402
End Date:
RFP Number (if applicable):
N/A
10/7/2015
Program Number:
60,606
Liaison:
David Corcoran
Program Manager:
Allison Mouch
Liaison Email:
dcorcomn@njt&cwv
Program Manager Email:
amou�
Liaison Phone:
406-841-2780
Bureau Chief:
Allison Mouth
Signatures:
p—uSlp d by:
Carbon Copies:
Division Adminstrator
/`^'� G �—
12/11/2014
Liaison:
2
C
oo�vslD.uST2U18BELCt.
e�.d ey:
Fiscal Review
- 4�4my
12/11/2014
Director (> $200K):
❑
ka696$I 1,413.
Legal Counsel
12/12/2014
Deputy Director (<$25K):
❑
302&520E484 4..
Deputy Director(SIGN LINE in contract)
Filenet
Secretary of State:
❑
BIA:
❑
Clerk of Court:
❑
U.
74
City of Bozeman Grant Routing Cover Sheet
This form is used in conjunction with Administrative Order 2014-01 adopting the Grant Application and Reception
Policy. When a Department Director signs grant documents under this provision, they are certifying that they
understand and will carry out the provisions of the grant and its impact on city operations and finances. All the
required boxes must be initialed by the appropriate departments. Use a separate routing sheet for each phase of the
grant process. Utilize assigned grant number for each phase fortracking purposes.
arm ,ho
Grant Document Title: Grani ,o �mm 0"'A loa.Grant k (issued by City Clerk):,Ja*Nwo 2014-03
O
CFDA 4 (applies to Federal grants) 4 .2Zg Grant Total: $30,000 Grant Match: $30,000
Comm. Development Grant Project Manager: Courtney Kramer
Phase of Process: F-1 Notice of Intent Application Award/Contract
Date Document Signed:
For all grants under $20,000 in
Department
Finance Office
City Manager
Original Signed
value.
Director
Grant Documents
to City Clerk
Does not require approval on
Commission meeting agenda
For all grants over $20,000 in
Department
Finance Office
City Manager
Original Signed
value.
Director
Grant Documents
to City Clerk
*Department Director Initials
verify notification to City
Commission and City Manager
within 30 days of grant
application.
REQUIRES City Commission
Approval
DATE of COMMISSION
MEETING:July 7, 20t��, 2hL hT
Presented by: W. Thomas
VConsent ❑ Action
Revised 10/27/2014
F