HomeMy WebLinkAbout16- Grant Agreement - Human Resource Development Council (HRDC) - Emergency Shelter Assistance for Youth Shelter ProjectGRANT AGREEMENT
HRDC — EMERGENCY SHELTER ASSISTANCE FOR YOUTH SHELTER PROJECT
THIS AGREEMENT is made and entered into thiswday of _�, 2016 by and between
the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse
Ave., Bozeman MT 59771 ("City") as Grantor and Human Resources Development Council of
District IX, Inc. ("HRDC"), a Montana nonprofit corporation located at 32 South Tracy Ave.,
Bozeman Montana 59715 as Grantee.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, the City approved a 2012-2016 Affordable Housing Action Plan on May 21, 2012 (the
"Action Plan") which identified supplying the area with emergency shelter beds as an activity
eligible for City funding; and
WHEREAS, HRDC wishes to address the emergency housing need of youth in the area; and
WHEREAS, on August 10, 2016 HRDC presented a request for a grant of up to $30,000 from the
City's Community Housing Fund to be used for assistance to operate transitional housing for up
to 6 youth; and
WHEREAS the City's Community Affordable Housing Advisory Board ("CAHAB") reviewed
HRDC's request and recommended that the City approve the request for funding up to $30,000;
and
WHEREAS, on m\i 4Lte" L4(be City Commission approved the grant request made by
HRDC.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to HRDC a sum of up to thirty thousand
dollars ($30,000) from its Community Housing Fund (the "Grant") pursuant to the
payment terms in Section 3.
2. Use of Grant Funds. Grant funds will be used by HRDC for the sole purpose of paying,
with matching funds, for the operations of a youth shelter (the "Project")
Grant Agreement — HRDC Youth Shelter Page 1
3. Payment of Grant Funds
a. Once HRDC has secured matching funds as described in Section 4, it will request
Grant funds from the City in the same amount. HRDC will provide evidence of
such matching donations as is requested by the City Attorney. If HRDC fails to
provide such evidence, the grant funds will remain in the City's Community
Housing Fund and will not be granted to HRDC.
b. HRDC may request up to $25,000 of the Grant funds during the fiscal year ending
June 30, 2017. Remaining Grant funds may be requested in the fiscal year
ending June 30, 2018, subject to appropriation by the City Commission during
the annual budgeting process pursuant to Section 2 of Bozeman Commission
Resolution No. 3866.
c. Should HRDC receive additional funding for the Project from other funding
sources, or if for any other reason HRDC requires less than $30,000 to fully fund
the Project, it will notify the City of such reduction in need as soon as reasonably
possible and the City may reduce the amount of the Grant and the payment(s) of
Grant funds.
d. Per Bozeman Commission Resolution No. 3866, all Grant funds must be awarded
within a one-year period from the date of the first award by the City to HRDC.
Any funds from the Grant not awarded during the one-year period will remain in
the City's Community Housing Fund and available for other appropriation.
4. Grantee Representations
a. HRDC represents and warrants to City that it will secure matching funds by
actively fundraising from non -City sources to match the City's Grant on a dollar -
for -dollar basis.
b. HRDC has familiarized itself with the nature and extent of this Agreement and
with all local conditions and federal, state and local laws, ordinances, rules, and
regulations that in any manner may affect HRDC's performance under this
Agreement.
c. HRDC represents and warrants to City that it has the experience and ability to
perform its obligations under this Agreement; that it will perform said
obligations in a professional, competent and timely manner and with diligence
and skill; that it has the power to enter into and perform this Agreement and
grant the rights granted in it; and that its performance of this Agreement shall
not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any
nature whatsoever, or violate any federal, state and municipal laws. The City will
Grant Agreement — HRDC Youth Shelter Page 2
not determine or exercise control as to general procedures or formats necessary
for HRDC to meet this warranty.
d. HRDC represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project, and that HRDC will not
request delivery of Grant funds until all other sources of matching funds have
provided such funds to HRDC.
5. Reports/Accountability/Public Information. Within 60 days following the end of a fiscal
year in which Grant funds have been paid to HRDC, hiRDC will provide to the City a
formal written report that includes, at a minimum, the following:
a. Total number of youth assisted;
b. Total number of transitions to stable housing;
c. Total number of youth meeting educational goals;
d. Total number of youth employed 90+ days; and
e. Total number of youth completing soft skills and ready to rent programming.
HRDC agrees to develop and/or provide such other documentation as requested by the
City demonstrating HRDC's compliance with the requirements of this Agreement. HRDC
must allow the City, its auditors, and other persons authorized by the City to inspect and
copy its books and records for the purpose of verifying that monies provided to HRDC
pursuant to this Agreement were used in compliance with this Agreement and all
applicable provisions of federal, state, and local law. HRDC will retain such records for
fifteen years after receipt of final payment under this Agreement unless permission to
destroy them is granted by the City. HRDC shall not issue any statements, releases or
information for public dissemination without prior approval of the City.
6. Independent Contractor Status. The parties agree that HRDC, its agents, employees,
contractors, or subcontractors, are independent contractors for purposes of this
Agreement and are not to be considered employees or agents of the City for any
purpose. HRDC and its agents, employees, contractors, or subcontractors, are not
subject to the terms and provisions of the City's personnel policies handbook and may
not be considered a City employee for workers' compensation or any other purpose.
HRDC, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
7. Default and Termination. If HRDC fails to comply with any condition of this Agreement
at the time or in the manner provided for, the City may terminate this Agreement if the
default is not cured within fifteen (15) days after written notice is provided to HRDC.
Grant Agreement — HRDC Youth Shelter Page 3
The notice will set forth the items to be cured. If this Agreement is terminated pursuant
to this Section, HRDC will repay to the City any Grant funds already delivered to HRDC
for the Project.
8. Limitation on HRDC's Damages; Time for Asserting Claim
a. In the event of a claim for damages by HRDC under this Agreement, 11RDC's
damages shall be limited to contract damages and HRDC hereby expressly waives
any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature or kind.
b. In the event HRDC wants to assert a claim for damages of any kind or nature,
HRDC must first provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within ninety (90) days of the facts and
circumstances giving rise to the claim. In the event HRDC fails to provide such
notice, HRDC shall waive all rights to assert such claim.
9. Representatives
a. City's Representative. The City's Representative for the purpose of this
Agreement shall be Mayana Rice or such other individual as City shall designate
in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or
submission shall be directed to the City's Representative and approvals or
authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when City's Representative is not available, HRDC
may direct its communication or submission to other designated City personnel
or agents and may receive approvals or authorization from such persons.
b. HRDC's Representative. HRDC's Representative for the purpose of this
Agreement shall be Heather Grenier or such other individual as HRDC shall
designate in writing. Whenever direction to or communication with HRDC is
required by this Agreement, such direction or communication shall be directed
to HRDC's Representative; provided, however, that in exigent circumstances
when HRDC's Representative is not available, City may direct its direction or
communication to other designated HRDC personnel or agents.
10. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, HRDC
agrees to defend, indemnify and hold the City and its agents, representatives,
Grant Agreement— HRDC Youth Shelter Page 4
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
HRDC's (i) negligence, (ii) willful or reckless misconduct, or (iii) making or refusing to
enter into a lease agreement for any Project rental unit.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s). HRDC's indemnification obligations under this Section shall be without
regard to and without any right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against HRDC to
assert its right to defense or indemnification under this Agreement or under HRDC's
applicable insurance policies required below the indemnitee shall be entitled to recover
reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines HRDC was obligated to
defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any
portions) thereof.
In the event of an action filed against City resulting from the City's performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
HRDC also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except "responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or
negligent" as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services
performed hereunder.
In addition to and independent from the above, HRDC shall at HRDC's expense secure
insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and
obligations specifically assumed by HRDC in this Section. The insurance coverage shall
Grant Agreement — HRDC Youth Shelter Page 5
not contain any exclusion for liabilities specifically assumed by HRDC in this Section
unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the
City without limit and without regard to the cause therefore and which is acceptable to
the City and HRDC shall furnish to the City an accompanying certificate of insurance and
accompanying endorsements in amounts not less than as follows:
® Workers' Compensation — statutory;
o Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
o Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial
General Liability policy. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or
non -renewal. The City must approve all insurance coverage and endorsements prior to
delivery of Grant funds to HRDC. HRDC shall notify City within two (2) business days of
FIRDC's receipt of notice that any required insurance coverage will be terminated or
HRDC's decision to terminate any required insurance coverage for any reason.
11. Nondiscrimination. HRDC will not discriminate on the basis of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, or physical or mental disability in providing access, support
or assistance pursuant to this Agreement to youth in need of shelter. HRDC will have a
policy to provide equal employment opportunity in accordance with all applicable state
and federal anti -discrimination laws, regulations, and contracts. HRDC will not refuse
employment to a person, bar a person from employment, or discriminate against a
person in compensation or in a term, condition, or privilege of employment because of
race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual
or perceived sexual orientation, gender identity, physical or mental disability, except
when the reasonable demands of the position require an age, physical or mental
disability, marital status or sex distinction. HRDC shall be subject to and comply with
Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all
regulations promulgated thereunder. HRDC shall require these nondiscrimination terms
of its sub -Contractors providing services under this agreement.
Grant Agreement — HRDC Youth Shelter Page 6
12. Public Meetings and Access to Public Records
a. Meetings of HRDC that pertain to the receipt or expenditure of Grant funds from
the City are subject to the open meeting requirements of Montana law, including
those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To
ensure compliance, HRDC will provide agendas for meetings that pertain to the
receipt or expenditure of Grant funds covered by this Agreement to the City Clerk's
office no later than 72 working hours prior to meeting for notice on the City's official
posting board and any other sites deemed reasonable by the Clerk's office. In
addition, meeting minutes will be kept by HRDC and provided to the City Clerk's
office no later than 90 days after the meeting. These minutes shall be posted and
made available to the public by the City Clerk's office except for those minutes taken
during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a
closed meeting shall also be provided to the City Clerk's office but shall be handled
in accordance with the City Clerk's regular executive session protocol and kept
private in a secured cabinet.
b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to
protect and preserve individual confidential or private information, upon reasonable
request and at reasonable times during normal business hours, HRDC shall make
such records available for inspection and copying by members of the public. HRDC
may charge for such copying in accordance with the policies of the City, which HRDC
hereby adopts for such purposes.
c. To determine whether a meeting or part of a meeting may be closed to the public
and to determine whether information contained in HRDC documents is protected
by law from disclosure, HRDC may seek a determination of the City Attorney at no
cost to HRDC. Such request and determination shall not create an attorney-client
relationship between HRDC and the City.
13. Attorney's Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents
of either party not contained in this written Agreement may be considered valid or
binding. This Agreement may not be modified except by written agreement signed by
both parties.
Grant Agreement — HRDC Youth Shelter Page 7
15. Dispute Resolution
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior -level
personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a
court of competent jurisdiction in compliance with the Applicable Law provisions
of this Agreement.
16. No Assignment. HRDC may not subcontract or assign FIRDC's rights, including the right
to Grant payments, or any other rights or duties arising hereunder, without the prior
written consent of City.
17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties' intent to confer third party beneficiary rights upon any other person or
entity.
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
19. Non -Waiver. A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event
of any subsequent default or breach.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Grant Agreement — HRDC Youth Shelter Page 8
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
Ci,
Chris Kukulski, City Manager
City of Bozeman
STATE OF MONTANA
: ss.
County of Gallatin
Date: 12 —Z 3^ 16
On this Lr day of 7�IQCQLPYY6,9. , 2016, this instrument was acknowledged
before me by Chris A. Kukulski as City Manager of the City of Bozeman, a self-governing
municipal government.
�aisxyF
ALICIA KENNEDY
p,�i o,� NOTARY PUBLIC for the
SEAL ' STATE OF MONTANA
ua,• 2e Residing at Bozeman, Montana
dF uo�' My Commission Expires
August 04, 2019
Notary Public fopghe Site of Montana
Printed Name: SC.RLU.'nvu
Residing at: tLakAmw, Montana
My commission expires:
Date: / '�;9tp
[print name]
[title]
Grenier, President and CEO of HRDC
STATE OF MONTANA
F'b9
County of Gallatin
On this 2:?2 day of V PVYI„bQ , 2016, this instrument was acknowledged
before me by 44e -A vrCre4ii6P— , as CECT [title] of HRDC, Inc., a
Montana nonprofit corporation.
EUNFy
JACQUELINE HAINES
�q ot�wq, q�y�, NOTARY PUBLIC for the
* SEAL * State of Montana
Residing at Bozeman, Montana
q P2P My Commission Expires
�` OF MONS Malch 20, 2017
Grant Agreement— HRDC Youth Shelter
N ty P is for the State of Montana
Printed Name: �7a 1(,2 "KL rza
Residing at: 7 Montana
My commission expires: MamZ41
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