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HomeMy WebLinkAbout03- Community Development Block Grant Program;Small Business Innovative Research Workshops - Contract -.. 0.3 ..SI- 005/ ,,! " 'V COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT This Contract is entered into by City of Bozeman, ''the Grantee", and the State of Montana, Department of Commerce, Community Development Block Grant Program, Helena, Montana, herein referred to as "the Department. " WITNESSETH THAT the Grantee and the Department mutually agree as follows: 1. PURPOSE The purpose of this Contract is to provide administrative support for ten Small Business Innovation Research (SBIR) workshops and one statewide conference under the Montana Department of Commerce, Small Business Innovation Research Program (SBIR) approved by the Department under the Montana Community Development Block Grant Program (CDBG) for FY 2003. 2. ACCEPTANCE OF CDBG PROGRAM ~QUlREMENT The Grantee will comply with all applicable parts of Title I of the Housing and Community Development Act of 1974, as amended; the applicable U.S. Department of Housing and Urban Development (HUD) regulations in 24 CFR Part 570, as now in effect or as they may be amended during the term of the Contract; all requirements established by the Department; applicable State and federal laws, regulations, administrative directives and procedures; and local ordinances and resolutions. The Grantee expressly agrees to repay to the Department any funds advanced to the Grantee under this Contract, which the Grantee, or its contractor(s), expends in violation of the terms of this Contract or the federal statutes and regulations governing the CDBG Program. 3. EFFECTIVE DATE AND TIME OF PERFORMANCE This Contract takes effect immediately and will tenninate upon the final project closeout by the Department. The activities to be performed by the Grantee will be completed no later than June 30, 2004. 4. SCOPE OF ACTIVITIES The Grantee will: . Administer pre-registration for 10 workshops and one statewide conference. . Provide facility coordination. . Prepare name badges. . Provide onsite registration support at Bozeman-based workshops and statewide conference. . Prepare and disseminate a participant's list for each workshop. . Manage all revenues from workshop fees and partnership contributions. . Manage all accounts receivable and accounts payable. . Prepare quarterly financial reports and submit to the SBIR Program Manager. . Procure all supplies for each workshop and statewide conference. 1 L:\SB I R\Contracts\CBDG\2003 money\citybozemancontract.doc .. .' . - 5. COMPENSATION AND METHOD OF PAYMENT The Department will authorize the Grantee to draw up to $6500.00 against the funding reserved for it by the Department. The Grantee agrees to waive the administrative fee. This will be drawn in installments as invoiced by contractor(s) for administrative support for workshop and conference administrative activities provided by the Grantee under the clUTent contract between the Grantee and the Department. Requests for funds shall be made no more frequently than once every 30 days. The Grantee will follow the instructions supplied by the Department when drawing funds. 6. LIAISON Linda Brander, SBIR. Program Manager, is the Department's liaison with the Grantee. Clark Johnson, Bozeman City Manager, is the Grantee's liaison with the Department. 8. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by any contractor or contractor(s) pursuant to this Contract are to be the property of the Grantee and the Department which have exclusive and unrestricted authority to release, publish or otherwise use, in whole or in part, information relating thereto, No material produced in whole or part under this Contract shall be subject to copyright or patent in the United States or in any other country without the prior written permission of the Grantee and the Department. 9. ACCESS TO RECORDS The Grantee will maintain reasonable records of their performance under this Contract and will allow access to these records at any time during normal business hours by the Department, the U.S. Department of Housing and Urban Development, the Comptroller General and, when required by law, the Montana Legislative Auditor and Legislative Analyst. These records will be kept in the Grantee's offices. 10. PERFORMANCE REPORTING The Grantee will submit status reports at the request of, and in the format prescribed by, the Department. The Grantee will ensure compliance of its operations with CDBG requirements during the term of the project. The Grantee will provide quarterly performance reports or a short narrative explanation with the, request for funds to the Department's contract liaison and the State SBIR Outreach Program Coordinator, Linda Brander. These reports must document activities conducted for SBIR. technical assistance to companies, other SBIR activities such as workshops, and activities associated with the Grantee's administration of the project. 11. A VOIDANCE OF CONFLICT OF INTEREST The Grantee will comply with the provisions of 24 CFR 570.611 and with sections 2-2-125, 2:"2-201, 7-3-4367, 7-5-2106, and 7-5-4109, MCA, (as applicable) regarding the avoidance of conflict of interest. 12. ARTICLES INCORPORATED BY REFERENCE The applicable HUD regulations at 24 CFR Part 570, and Title I of the Housing and Community Development Act of 1974, as now in effect or as they may be amended during the term of this Contract, 2 L:\SBI R\Contracts\CBDG\2003 money\citybozemancontract.doc ... -..-....---..-.----..... ~ .' . ....... are incorporated' in this Contract by this reference and are binding upon the Grantee. 13. MODIFICATION AND ASSIGNABILITY OF CONTRACT This Contract contains the entire agreement between the parties, and no statements, promises, or inducements made by any of the parties or their agents which are not contained in or authorized by this written Contract, are valid or binding. This Contract may not be enlarged, modified, or altered except upon written agreement. The Grantee accepts responsibility for adherence to the terms of this Contract by the contractor(s), 14. NONDISCRIMINATION In carrying out their responsibilities under this Contract, the Grantee will base all hiring on merit and qualifications and will not discriminate against individuals on the basis of race, color, religion, creed, political ideas, sex, marital status, physical or mental disability, or national origin. 15. CONSTRUCTION AND VENUE This Contract will be construed under and governed by the laws of the State of Montana. The parties agree that in the event of litigation concerning it, venue is in the District Court of the First Judicial District in and for the County of Lewis and Clark, State of Montana. 16. INDEMNIFICATION a) The Grantee waives any and all claims and recourse against the Department and the State of Montana, including the right of contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Grantee's or contractors performance of this Contract. b) Further, the Grantee will indemnify, hold harmless, and defend the Department and the State of Montana against any and all claims, demands; damages, costs, expenses, or liability arising out of the Grantee's or contractor's performance of this Contract. In the event that the Department or the State of Montana is named as a codefendant in any action relating to activities to be performed by the Grantees or contractor under this Contract, the Grantee, or the contractor as applicable, will notify the Department of this fact and will represent the Department in the legal action unless the Department undertakes to represent itself as a codefendant in the legal action in which case the Department will bear its own litigation costs, expenses, and attorneys' fees. 17. TERMINATION OF CONTRACT a) If the Department determines that the Grantee or the contractor(s) has failed to comply with the terms and conditions of this Contract, and if, upon notification of the defect, the Grantee or contractor(s) does not remedy the deficiency within a reasonable period of time to be specified in the notice, the Department may terminate this Contract in whole or in part at any time before the date of completion. The Department will promptly notify the Grantee in writing of the decision to terminate, the reasons for the termination, and the effective date of the termination. b) Termination Due to Noncompliance with Contract Terms. If the Department determines that the Grantee has failed to comply with the general terms and conditions of this Contract, the project 3 L:\SBI R\Contracts\CBDG\2003 money\cltybozemancontract.doc ~ . ... - schedule, or any special conditions, and if, upon notification of the defect, the Grantee does not remedy the deficiency within a reasonable period of time to be specified in the notice, the Department may terminate this Contract in whole or in part at any time before the date of completion. The Department will promptly notify the Grantee in writing of the decision to terminate, the reasons for the termination, and the effective date of the termination. c) Effect of Termination. In the event oftennination, due to the Grantee's failure to comply with the terms of this Contract, or the project's adverse environmental impact, any costs incurred will be the responsibility of the Grantee. However, at its discretion, the Department may approve requests by the Grantee for reimbursement of expenses incurred. The Department's decision to authorize payment of any costs incurred or to recover expended CDBG funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Grantee to comply with the terms of this contract and whether the failure to comply was the result of conditions beyond the control of the Grantee. IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed. City of Bozeman Department of Commerce 1 \ ,Manager, Clark Johnson Date: July 7,2003 Date: 1/la/A3 , { 4 L:\SBI R\Contracts\CBDG\2003 money\citybozemancontract.dOc