HomeMy WebLinkAboutC3. Local Grant1
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Planning and Policy Manager Wendy Thomas, Director of Community Development
SUBJECT: Approve the Mayor’s signature on Bozeman’s Certified Local Government Grant
contract for 2016-2017. Grant 2016-003.
MEETING DATE: March 21, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission authorize the Mayor’s signature on the grant contract.
BACKGROUND: This is a consent item for the Mayor’s signature on the Bozeman Certified Local
Government Grant contract for 2016-2017. The grant award is $5,500 and requires a $1-to-$1 match.
The City of Bozeman counts the Historic Preservation Officer’s salary as a match.
The $5,500 funds a portion of the Historic Preservation Officer’s salary. As an agreement of the contract, historic preservation planning staff submits a report every six months to the SHPO, detailing
activities the Historic Preservation Board has sponsored and the funds used for those activities.
Upon the Mayor’s signature the staff will return the signed contracts to the State Historic Preservation
Office for their signature.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Authorize the grant request.
2) Do not authorize the request.
FISCAL EFFECTS: The Department of Community Development, which administers Bozeman’s Historic Preservation program, is not aware of any unresolved issues related to the proposed grant
application. Not pursuing the grant will reduce funding for historic preservation by $5,500.
Attachments: Grant contract Grant tracking form
Report compiled on March 1, 2016
Commission Memorandum
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MT-16-012, STATE OF MONTANA AGREEMENT, Page 1
STATE OF MONTANA AGREEMENT
MT-16-012
This grant agreement (Agreement) is hereby made between the City of Bozeman, P.O. Box 1230,
Bozeman, MT, 59772, DUNS# 083705293 (the "Sub-grantee") and the Montana State Historic
Preservation Office, Montana Historical Society (“MHS”), 225 North Roberts, PO Box 201202, Helena,
Montana 59620-1202 (the "Grantor"). Liaison for the sub-grantee is Chris Saunders, the Historic
Preservation Officer. Liaison for the grantor is Kate Hampton, Community Preservation Coordinator.
The State has been awarded $785,524 of grant monies from the U.S. Department of the Interior, the
National Park Service under the Historic Preservation Fund for the Federal fiscal year of 2016 (October 1,
2015 – September 30, 2016). The funding for this agreement is provided by this award, CFDA number
15.904, Historic Preservation Fund Grants-In-Aid. The Federal Award Identification Number and HPF
system number assigned by the National Park Service, are to be determined.
Section 17-1-106, Montana Code Annotated, requires any state agency which receives non-general
funds to identify and recover its indirect costs (IDC). MHS’s indirect cost rate is determined annually and
is applied as a percentage of direct costs charged to a federal award. As defined by 2 CFR Part 200
(formerly OMB Circular A-87), MHS’s current IDC rate is 11.15% for fiscal year 2015 (July 1, 2014 to June
30, 2016). IDC will not be charged in relation to this agreement.
The two parties, in consideration of mutual covenants and stipulations described below, agree as
follows:
1. EFFECTIVE DATE, DURATION, AND RENEWAL
This Agreement shall take effect on April 1, 2016 and shall terminate on March 31, 2017 unless a
new termination date is set or the agreement is terminated as provided in this contract. Total payments
by the "Grantor" for all purposes under this contract shall not exceed $5500.00. In the event that the
grantor does not receive full funding from the National Park Service, the total grant award may be
reduced, as outlined in the CLG Manual. Payment shall be made on a reimbursement basis by request
of Sub-grantee to the grantor. In no event is this Contract binding on State unless State’s authorized
representative has signed it. The legal counsel signature approving legal content of the Contract and the
procurement officer signature approving the form of the Contract do not constitute an authorized
signature.
2. SERVICES AND/OR SUPPLIES
The Sub-grantee shall:
1. Maintain an active Historic Preservation Commission (HPC) that will advocate for
preservation, assist the HPO to accomplish preservation goals, and fill vacancies on the HPC
promptly.
2. Participate in and carry out the responsibilities for Certified Local Government program
status as outlined in "The Montana Certified Local Government Manual.”
3. Insure historic preservation concerns are considered at all levels of local government
planning and are incorporated as goals of other local, state, and federal projects.
4. Administer local preservation ordinances.
5. Designate a minimum half-time designated Historic Preservation Officer (HPO) who
demonstrably plays an active and consistent role in the conduct of the sub-grantee’s historic
preservation activities. On behalf of the Sub-grantee it is the role of HPO to conduct these
activities and/or work with the HPC to:
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MT-16-012, STATE OF MONTANA AGREEMENT, Page 2
a. Regularly report on HPC activities at local government Commission meetings
and be available for comment to these groups and other local government offices;
b. Provide technical assistance, direction, and/or literature on historic preservation
tax credits, National Register, Federal regulations and Secretary of Interior Standards;
c. Evaluate historic properties for potential and feasible reuse and rehabilitation;
d. Coordinate, promote and participate in events such as National Historic
Preservation Month and/or other preservation related activities;
e. Cooperate and communicate with the Grantor and fellow HPO/HPCs in
Montana and elsewhere as appropriate; and
f. Submit semi-annual progress reports, meeting minutes and financial reports per
deadlines outlined in this agreement. In the Final Progress Report, the HPO will identify
the benefits the local government has derived as a result of the employment of a HPO,
the needs of the local government for future professional preservation efforts, and any
additional functions of the HPO carried out which further the understanding and
implementation of historic preservation values and objectives in the local government.
6. Send at least one (1) person from the Certified Local Government to a State Historic
Preservation Office (SHPO) - approved training. The attendee shall attend the entire training
and report back to their Preservation Commission.
All work completed under this funding agreement must meet the Secretary of the Interior's Standards
and Guidelines for Archaeology and Historic Preservation as interpreted by the Grantor. Final products
or services that do not fulfill the requirements of this Agreement, and do not comply with the
appropriate Secretary of the Interior's Standards, will not be reimbursed, and any advance payments
made in connection with such products or services must be repaid to the Grantor.
3. CONSIDERATION/PAYMENT
3.1 Payment Schedule. In consideration of Services rendered in this Agreement, the
Grantor agrees to pay the Sub-grantee as follows:
1. The Sub-grantee agrees to submit semi-annual Progress Reports, meeting minutes, and
Requests for Reimbursement. Reports will be accompanied by the following documentation:
a. The Sub-grantee's name, address and agreement number MT-16-012;
b. A report discussing the work completed during the reporting period. Include
meeting agendas and minutes;
c. An itemized listing of cash or in-kind donations that comprise the nonfederal
match;
d. An itemized listing of project expenses that are charged to the federal grant; If
indirect costs (IDC) are claimed for reimbursement (or match), the IDC rate must be in
accordance with 2 CFR Part 200.414. A copy of the IDC approval letter from the
Cognizant agency must be submitted to the grantor and approved prior to any
reimbursement.
e. The net request for payment (reimbursement); and
f. Products produced during the reporting period.
2. All Requests for Reimbursement must be approved by the Grantor prior to payment.
Payment for work completed under this Agreement may be withheld pending the delivery and
acceptance of such items. All Sub-grantees must retain financial records, supporting
documents, statistical records, and all other records pertinent to the grant for a period of 3
years or until an acceptable audit (accessible by auditors) has been performed and all claims and
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MT-16-012, STATE OF MONTANA AGREEMENT, Page 3
audit findings involving the records have been resolved. The 3-year retention period starts from
the date of the submission of the final report. A final Request for Reimbursement must be
submitted within thirty (30) days of the termination of this Agreement if they are to qualify for
payment.
3. All Requests for Reimbursement will be reviewed for eligibility and allow-ability under
Chapters 12, 13 and 14 of the National Park Service's Historic Preservation Fund Manual and the
State CLG Manual. The Sub-grantor may request a copy of the CLG Manual from the grantor and
the Historic Preservation Fund Manual is available for inspection at the SHPO.
4. The Sub-grantee shall, at minimum, provide documentation detailing forty percent
(40%) matching non-federal funds for the overall grant award. In order to receive the full grant
award of $5,500.00, the minimum dollar amount of match necessary to be provided by the
Subgrantee is $3,666.67 in matching in-kind services or cash. In the event that the grant award is
reduced, the match requirement would be reduced proportionally. Requests for
Reimbursement require the same 40% documentation relative to the amount requested. The
accepted Grant Application, reviewed and approved by the Grantor, provides an estimation of
sources and amounts of matching funds from the Sub-grantee.
5. The Grantor may retain final payment of federal grant funds until such time as the
approved project work has been successfully completed and all conditions of this Agreement
have been met.
3.2 Payment Terms. Unless otherwise noted in the solicitation document, State has thirty
(30) days to pay invoices, as allowed by 17-8-242, MCA. Sub-grantee shall provide banking information
at the time of Contract execution in order to facilitate State’s electronic funds transfer payments.
3.3 Reference to Contract. The Contract number MUST appear on all invoices, packing lists,
packages, and correspondence pertaining to the Contract. If the number is not provided, State is not
obligated to pay the invoice.
4. ACCESS AND RETENTION OF RECORDS
4.1 Access to Records. Sub-grantee shall provide State, Legislative Auditor, or their
authorized agents access to any records necessary to determine Contract compliance. State may
terminate this Contract under Section 19, Severability, without incurring liability, for Sub-grantee’s
refusal to allow access as required by this section. (18-1-118, MCA.)
4.2 Retention Period. Sub-grantee shall create and retain all records supporting the services
rendered for a period of eight years after either the completion date of this Contract or termination of
the Contract.
5. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING
Sub-grantee may not assign, transfer, or subcontract any portion of this Contract without State's prior
written consent. (18-4-141, MCA) Sub-grantee is responsible to State for the acts and omissions of all
subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for
the acts and omissions of persons employed directly by Sub-grantee. No contractual relationships exist
between any subcontractor and State under this Contract.
1. The Sub-grantee agrees that the procurement of services, supplies, equipment, and
construction will be obtained efficiently and economically and in compliance with the applicable
federal laws, and of 2 CFR part 200.317 through 200.326, and Chapter 17 of the Historic
Preservation Grants Manual.
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2. The process for the selection of subcontractors to perform the services under this
Agreement, regardless of whether by competitive bidding or negotiated procurement shall be
conducted in a manner that provides maximum open and free competition. Procurement
procedures shall not restrict or eliminate competition. Examples of what is considered to be
restrictive of competition include, but are not limited to: (1) placing unreasonable requirements
on firms or individuals in order for them to qualify to do business, (2) noncompetitive practices
between firms, (3) organizational conflicts of interest, and (4) unnecessary experience and
bonding requirements.
3. Competitive bidding or negotiated procurement is required for all survey and planning
subcontracts. Proposals shall be requested from an adequate number of sources (at least two
or three sources) to permit reasonable competition. The Request for Proposals shall be
publicized and reasonable requests by other sources to compete shall be honored to the
maximum extent practicable. The Request for Proposals shall identify the survey or planning
area, population, number of properties to be inventoried, funds available and volunteer support
(if applicable). The Sub-grantee shall document in writing the evaluation criteria used and the
results of the technical evaluation of the proposals received, determinations of responsible
offerors for the purpose of written or oral discussions, and selection for subcontract award.
Subcontractors shall be selected on the basis of qualification, subject to negotiation of fair and
reasonable compensation. Unsuccessful offerors shall be notified promptly. A copy of
documentation of the selection process will be submitted to the Grantor prior to the initiation
of the project.
4. Noncompetitive negotiation may be used with prior written approval from the Grantor
when, after the solicitation in accordance with Section 5, 3 above, competition is determined
inadequate.
5. The Sub-grantee will notify the grantor upon the selection of a subcontractor. Sub-
grantee will verify Subcontractor is not on the debarred list. A copy of this contract will be
submitted to the grantor for review and written approval prior to its execution.
6. Prior to the beginning of project work or any grant payment, the Sub-grantee must
submit to the grantor the below listed items to demonstrate that the federal procurement
requirements have been met in full:
a. Copies of the letters to qualified sources and public advertisements requesting
proposals and/or invitations to bid;
b. Copy of the Sub-grantee documentation of the selection criteria and process;
c. A copy of the successful proposal and a description of the Sub-grantee reasons
for selection;
d. Listing of the unsuccessful offerors; and
e. Copy of the proposed contract between the Sub-grantee and the subcontractor.
Note: The grantor must review and approve all contracts between the Sub-grantee and subcontractors
prior to their execution. The parties agree that there will be no assignment or transfer of this
Agreement or any interest in the Agreement and that no service required under this Agreement may be
performed under subcontract unless both parties agree in writing.
6. EQUAL EMPLOYMENT OPPORTUNITY
Pursuant to Sections 49-2-303 and 49-3-207 of the Montana Code Annotated and the federal Civil Rights
Act of 1964, (as amended) and Equal Employment Opportunity statute, in all hiring or employment
made possible by or resulting from this Agreement, the Sub-grantee: 1) will not discriminate against any
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MT-16-012, STATE OF MONTANA AGREEMENT, Page 5
employee or applicant for employment because of race, color, social condition, religion, sex, age,
national origin, marital status, creed, political affiliation, or physical or mental handicap; and 2) will take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex, or national origin. This requirement
applies to, but is not limited to, the following: employment, promotion, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Sub-grantee will comply with all
applicable statutes and Executive Orders on equal employment opportunity, including enforcement
provisions, as implemented by, but not limited to, Department of the Interior policies, published in 43
CFR 17.
7. FAIR LABOR STANDARDS
The Sub-grantee agrees to comply with all Federal and State wage and hour rules, statutes, and
regulations, and warrants that all applicable Federal and State fair labor standards and provisions will be
complied with both by the Sub-grantee and any subcontractors, in the event that subcontracted services
are employed to fulfill the terms and conditions of this Agreement are agreed upon by the grantor and
the Sub-grantee.
8. PROHIBITION AGAINST LOBBYING
The Sub-grantee must conform to provisions of 18 USC 1913, Lobbying with Appropriated Moneys, as
amended by Public Law 107–273, Nov. 2, 2002:
"No part of the money appropriated by any enactment of Congress shall, in the absence of express
authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement,
telegram, telephone, letter, printed or written matter, or other device, intended or designed to
influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor,
adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation,
whether before or after the introduction of any bill, measure, or resolution proposing such legislation,
law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United
States or of its departments or agencies from communicating to any such Members or official, at his
request, or to Congress or such official, through the proper official channels, requests for legislation,
law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the
public business, or from making any communication whose prohibition by this section might, in the
opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy,
counter–intelligence, intelligence, or national security activities. Violations of this section shall
constitute violations of section 1352(a) of title 31. In addition to the above, the related restrictions on
the use of appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008 (P.L.
110–161) also apply." Thus, costs associated with activities to influence legislation pending before
Congress, commonly referred-to as “lobbying" is unallowable under this Agreement.
9. HOLD HARMLESS/INDEMNIFICATION
Sub-grantee agrees to protect, defend, and save 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 Sub-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 Sub-grantee and/or its agents, employees, representatives, assigns, subcontractors,
except the sole negligence of State, under this Contract.
10. COMPLIANCE WITH WORKERS' COMPENSATION ACT
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Sub-grantee shall comply with the provisions of the Montana Workers' Compensation Act while
performing work for State of Montana in accordance with 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 Sub-grantee nor its
employees are State employees. This insurance/exemption must be valid for the entire Contract term.
Upon expiration, a renewal document must be sent to State Procurement Bureau, P.O. Box 200135,
Helena, MT 59620-0135.
11. COMPLIANCE WITH LAWS
Sub-grantee shall, in performance of work under this Contract, fully comply with all applicable federal,
state, or local laws, rules, and regulations, including but not limited to:
1. The Montana Human Rights Act, Executive Order 11246, as amended, the Equal Pay Act
of 1963, Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d et
seq.), and the Americans with Disabilities Act of 1990, and with all other federal laws and
regulations prohibiting discrimination on grounds of race, color, sexual orientation, national
origin, disabilities, religion, age, or sex.
2. In accordance with 49-3-207, MCA, Sub-grantee agrees that the hiring of persons to
perform this 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 this Contract.
3. The Sub-grantee will comply Title V, Section 504 of the Rehabilitation Act of 1973, as
amended, (87 Stat. 394; 29 U.S.C. §794) which provides that no qualified handicapped person
shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving Federal financial
assistance.
4. The Sub-grantee will comply with the Age Discrimination Act of 1975 (89 Stat. 728; 42
U.S.C. §§6101 et seq.) prohibiting discrimination on the basis of age in programs and activities
receiving Federal Financial assistance.
5. The Subgrantee is the employer for the purpose of providing healthcare benefits and
paying any applicable penalties, fees and taxes under the Patient Protection and Affordable Care
Act [P.l. 111-148, 124 Stat. 119]. Any subletting or subcontracting by Subgrantee subjects
subcontractors to the same provisions.
6. Minority Business Enterprise Development: Pursuant to Executive Order 12432 it is
national policy to award a fair share of contracts to small and minority firms. NPS is strongly
committed to the objectives of this policy and encourages all recipients of its Grant Agreements
to take affirmative steps to ensure such fairness by ensuring procurement procedures are
carried out in accordance with the Executive Order.
5. The Subgrantee will comply with paragraph (g) of Section 106 of the Trafficking Victims
Protections Act of 2000, as amended and those award terms put forth in 2 CFR §175.15
https://www.gpo.gov/fdsys/pkg/CFR-2012-title2-vol1/pdf/CFR-2012-title2-vol1-sec175-15.pdf.
12. DISABILITY ACCOMMODATIONS
State does not discriminate on the basis of disability in admission to, access to, or operations of its
programs, services, or activities. Individuals who need aids, alternative document formats, or services
for effective communications or other disability related accommodations in the programs and services
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offered are invited to make their needs and preferences known to this office. Interested parties should
provide as much advance notice as possible.
13. TECHNOLOGY ACCESS FOR BLIND OR VISUALLY IMPAIRED
Sub-grantee acknowledges that no state funds may be expended for the purchase of information
technology equipment and software for use by employees, program participants, or members of the
public unless it provides blind or visually impaired individuals with access, including interactive use of
the equipment and services, that is equivalent to that provided to individuals who are not blind or
visually impaired. (18-5-603, MCA) Contact the State Procurement Bureau at (406) 444-2575 for more
information concerning nonvisual access standards.
14. REGISTRATION WITH THE SECRETARY OF STATE
Any business intending to transact business in Montana must register with the Secretary of State.
Businesses that are incorporated in another state or country, but which are conducting activity in
Montana, must determine whether they are transacting business in Montana in accordance with 35-1-
1026 and 35-8-1001, MCA. Such businesses may want to obtain the guidance of their attorney or
accountant to determine whether their activity is considered transacting business.
If businesses determine that they are transacting business in Montana, they must register with the
Secretary of State and obtain a certificate of authority to demonstrate that they are in good standing in
Montana. To obtain registration materials, call the Office of the Secretary of State at (406) 444-3665, or
visit their website at http://sos.mt.gov.
15. MODIFICATIONS AND PREVIOUS AGREEMENTS
1. This instrument contains the entire Agreement between the parties, and no previous
statements, promises, or inducements made by either party or agent of either party which are
not contained in this written agreement shall be valid or binding. This agreement may not be
enlarged, modified, or altered except in writing signed by the parties and attached to the
original of this Agreement, except as provided under Section 19. No change, addition, or
erasure of any printed portion of this Agreement shall be valid or binding upon either party.
2. Any changes that substantially alter the scope of work or the cost of the approved
project must be submitted by the Sub-grantee as a project amendment. These amendments
must have prior written approval from NPS before the change is implemented. Change orders
will be treated as amendments. The Sub-grantee must consult with the grantor to review the
proposed change to determine if it substantially alters the scope of work or the cost of the
approved project. If the grantor determines the change to be substantial, the grantor will
process the amendment through NPS. Failure of the Subgrantee to notify the grantor of any
such changes may be construed as just cause for revocation and/or recovery of the grant funds
by the grantor.
16. CONFLICT OF INTEREST
No officer or employee of the MHS or member of the Society Board or State Historic Preservation
Review Board and no member of the Sub-grantee's governing body at localities in which the project is
situated or being carried out who exercises any functions or responsibilities, or who enjoys a position of
influence in the review or approval of the undertaking or carrying out of this project, shall participate in
any decision relating to this Agreement which affects his or her personal or pecuniary interest. The Sub-
grantee agrees that it presently has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of services required to be
performed under this Agreement.
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17. COPYRIGHT PROHIBITION
1. Except as otherwise provided in the terms and conditions of the grant agreement, the
Sub-grantee is free to copyright any books, publications, or other copyrightable materials
developed as a result of this Agreement. However, any such copyrightable materials will be
subject to a royalty-free, nonexclusive, and irrevocable license throughout the work to the
Grantor and/or the US Government to reproduce, publish, or otherwise use, and to authorize
others to use the work for Government purposes.
2. Any materials produced as a result of this Agreement which are to be publicly
distributed, shall include the following statement:
“The (activity) that is the subject of this (type of publication) has been financed (in part/entirely)
with Federal funds from the National Park Service, U.S. Department of Interior, and
administered by the SHPO of Montana. The contents and opinions do not necessarily reflect the
views or policies of the U.S. Department of the Interior or the Montana Historic Preservation
Office, or does the mention of trade names or commercial products constitute endorsement or
recommendation by the Department of the Interior or SHPO.”
3. Publications must include the nondiscrimination statement:
“This program receives Federal financial assistance for identification and protection of historic
properties. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation
Act of 1973, and the Age Discrimination Act of 1975, the U.S. Department of the Interior
prohibits discrimination on the basis of race, color, national origin, age, or disability in its
federally assisted programs. If you believe you have been discriminated against in any program,
activity, or facility as described above, or if you desire further information, please write to:
The Office for Equal Opportunity
National Park Service
849 C Street, N.W.
Washington, D.C. 20240”
4. The Sub-grantee shall not include in the materials produced as a result of this
Agreement any copyrighted matter without the written approval of the copyright owner that
provided SHPO and the United States Government with written permission to use the material
in the manner provided herein.
18. AUDITING
The Sub-grantee agrees to allow access to the records of the activities covered by this Agreement as
may be necessary for legislative post audit and analysis purposes in determining compliance with the
terms of this Agreement. The Sub-grantor shall maintain all administrative and fiscal records relating to
this project for three years after the final grant reimbursement is made by the Grantor to the Sub-
grantee. Notwithstanding the provisions of Section 19, this Agreement shall automatically terminate
upon any refusal of the Sub-grantee to allow access to records necessary to carry out the legislative post
audit and analysis functions set forth in Title 5 Chapter 12 and 13, MCA and the financial and
programmatic audit conducted by the Secretary of the Interior and the Comptroller General of the
United States provided for in 2 CFR part 200.333 through 200.338.
For local governments and school districts, the subgrantee will provide the report to the State of
Montana, Department of Administration, Local Government Services Bureau. All other subgrantees,
such as Tribal Communities and Non-Profit Organizations, will provide the report to the Montana
Historical Society, State Historic Preservation Office.
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Non–Federal entities that expend $750,000 or more during a year in Federal awards shall have a single
or program–specific audit conducted for that year in accordance with the Single Audit Act Amendments
of 1996 (31 U.S.C. 7501–7507) and2 CFR Part 200, Subpart F , which is available at
http://www.ecfr.gov/cgi–bin/text–
idx?SID=fd6463a517ceea3fa13e665e525051f4&node=sp2.1.200.f&rgn=div6
Non–Federal entities that expend less than $750,000 for a fiscal year in Federal awards are exempt from
Federal audit requirements for that year, but records must be available for review or audit by
appropriate officials of the Federal agency, pass–through entity, and General Accounting Office (GAO).
Audits shall be made by an independent auditor in accordance with generally accepted government
auditing standards covering financial audits. Additional audit requirements applicable to this agreement
are found at 2 CFR Part 200, Subpart F, as applicable. Additional information on single audits is available
from the Federal Audit Clearinghouse at http://harvester.census.gov/sac/ .
19. SEVERABILITY
It is understood and agreed by the parties hereto that 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 and materially
dependent.
19.1 Termination for Cause with Notice to Cure Requirement. Sub-grantee may terminate
this Contract for State’s failure to perform any of its duties under this Contract after giving State written
notice of the failure. The written notice must demand performance of the stated failure within a
specified period of time of not less than 30 days. If the demanded performance is not completed within
the specified period, the termination is effective at the end of the specified period.
19.2 Reduction of Funding. State must by law terminate this Contract if funds are not
appropriated or otherwise made available to support State's continuation of performance of this
Contract in a subsequent fiscal period. (18-4-313(4), MCA) If state or federal government funds are not
appropriated or otherwise made available through the state budgeting process to support continued
performance of this Contract (whether at an initial contract payment level or any contract increases to
that initial level) in subsequent fiscal periods, State shall terminate this Contract as required by law.
State shall provide Sub-grantee the date State's termination shall take effect. State shall not be liable to
Sub-grantee for any payment that would have been payable had the Contract not been terminated
under this provision. As stated above, State shall be liable to Sub-grantee only for the payment, or
prorated portion of that payment, owed to Sub-grantee up to the date State's termination takes effect.
This is Sub-grantee's sole remedy. State shall not be liable to Sub-grantee for any other payments or
damages arising from termination under this section, including but not limited to general, special, or
consequential damages such as lost profits or revenues.
20. EVENT OF BREACH – REMEDIES
20.1 Event of Breach by Sub-grantee. Any one or more of the following Sub-grantee acts or
omissions constitute an event of material breach under this Contract:
• Products or services furnished fail to conform to any requirement;
• Failure to submit any report required by this Contract;
• Failure to perform any of the other terms and conditions of this Contract, including but not limited
to beginning work under this Contract without prior State approval or breaching Section 24,
Meetings, obligations; or
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• Voluntary or involuntary bankruptcy or receivership.
20.2 Event of Breach by State. State’s failure to perform any material terms or conditions of
this Contract constitutes an event of breach.
20.3 Actions in Event of Breach. Upon Sub-grantee’s material breach, State may:
• Terminate this Contract under Section 19, 1, Termination for Cause with Notice to Cure, and pursue
any of its remedies under this Contract, at law, or in equity; or
• Treat this Contract as materially breached and, except as the remedy is limited in this Contract,
pursue any of its remedies under this Contract, at law, or in equity.
21. GENERAL AND SPECIFIC CONDITIONS
The Sub-grantee agrees to follow the General and Specific Conditions according to this Agreement and
Chapter 5 of the Historic Preservation Fund Grants Manual.
22. FORCE MAJEURE
Neither party is 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 nonperforming party, so
long as such party uses its best efforts to remedy such failure or delays. A party affected by a force
majeure condition shall provide written notice to the other party within a reasonable time of the onset
of the condition. In no event, however, shall the notice be provided later than five working days after
the onset. If the notice is not provided within the five-day period, then a party may not claim a force
majeure event. A force majeure condition suspends a party’s obligations under this Contract, unless the
parties mutually agree that the obligation is excused because of the condition.
23. WAIVER OF BREACH
Either party’s failure to enforce any contract provisions after any event of breach is not a waiver of its
right to enforce the provisions and exercise appropriate remedies if the breach occurs again. Neither
party may assert the defense of waiver in these situations.
24. MEETINGS
Sub-grantee shall meet with State's personnel, or designated representatives, to resolve technical or
contractual problems occurring during the Contract term or to discuss the progress made by Sub-
grantee and State in the performance of their respective obligations, at no additional cost to the State.
State may request the meetings as problems arise and will be coordinated by State. State shall provide
Sub-grantee a minimum of three full working days’ notice of meeting date, time, and location. Face-to-
face meetings are desired; however, at Sub-grantee's option and expense, a conference call meeting
may be substituted. Sub-grantee’s consistent failure to participate in problem resolution meetings, Sub-
grantee missing or rescheduling two consecutive meetings, or Sub-grantee’s failure to make a good faith
effort to resolve problems may result in termination of the Contract.
25. CHOICE OF LAW AND VENUE
Montana law governs this Contract. The parties agree that any litigation concerning this bid, proposal, or
this 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.
26. TAX EXEMPTION
State of Montana is exempt from Federal Excise Taxes (#81-0302402).
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MT-16-012, STATE OF MONTANA AGREEMENT, Page 11
27. AUTHORITY
This Contract is issued under authority of Title 18, Montana Code Annotated, and the Administrative
Rules of Montana, Title 2, chapter 5.
28. SCOPE, ENTIRE AGREEMENT, AND AMENDMENT
28.1 Contract. This Contract consists of 9 numbered pages and any Attachments as required.
In the case of dispute or ambiguity arising between or among the documents, the order of precedence
of document interpretation is the same.
28.2 Entire Agreement. These documents are the entire agreement of the parties. They
supersede all prior agreements, representations, and understandings. Any amendment or modification
must be in a written agreement signed by the parties.
29. WAIVER
State's waiver of any Sub-grantee obligation or responsibility in a specific situation is not a waiver in a
future similar situation or is not a waiver of any other Sub-grantee obligation or responsibility.
30. EXECUTION
The parties through their authorized agents have executed this Contract on the dates set out below.
STATE OF MONTANA The City of Bozeman
Montana Historical Society P.O. Box 1230
225 North Roberts Bozeman, MT, 59772
Helena, Montana 59620-1201 DUNS # 083705293
BY: Denise King/Administrator BY: Carson Taylor
Centralized Services Division, Montana Historical
Society
Mayor, City of Bozeman
(Signature) (Signature)
DATE: DATE:
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Revised 10/27/2014
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 for tracking purposes.
Grant Document Title: _________________________________ Grant # (issued by City Clerk):_______________
CFDA # (applies to Federal grants) __________________ Grant Total:___________ Grant Match:____________
Department: ________________________ Grant Project Manager:__________________________________
Phase of Process: Notice of Intent Application Award/Contract
Date Document Signed:_____________
For all grants under $20,000 in
value.
Department
Director
Finance Office
City Manager
Original Signed
Grant Documents
to City Clerk
Does not require approval on
Commission meeting agenda
For all grants over $20,000 in
value.
*Department Director initials
verify notification to City
Commission and City Manager
within 30 days of grant
application.
Department
Director
Finance Office
City Manager
Original Signed
Grant Documents
to City Clerk
REQUIRES City Commission
Approval
DATE of COMMISSION
MEETING: ________________
Presented by:_____________
Consent Action
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Revised 10/27/2014
Staff Instructions for Use and Expectation of Review
Department Director
- Fully understands the grant and its impact on city operations and finances and intends to carry out
the grant provisions if awarded
- Written notification to City Commission and City Manager if grant is over $20,000
- Coordinates with legal staff or applicable departments for all sub-recipient or related contractual
documents associated with the grant
Finance Office
- Receives copies of grant documents and/or accounts for potential impact on city finances
City Manager
- Authorizing signature
City Clerk
- Issues grant routing number
- Retains copy of original signed documents
- Tracks grant documents by number
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