HomeMy WebLinkAbout18- Grant Agreement - Human Resources Development Council (HRDC) - Streamline Funding GRANT AGREEMENT
HRDC—Streamline Funding
THIS AGREEMENT is made and entered into this)_ day of [V 2018 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, on March 31, 2018 HRDC presented a proposal to the City Commission for a grant of
up to $64,000 plus the equivalent of one mill which identified the Streamline services that
would benefit from the City funding; and
WHEREAS, on June 25, 2018, the Commission appropriated $64,000 and the equivalent of one
mill for Streamline funding for HRDC; and
WHEREAS, the City approved HRDC's proposal for the funds on September 10, 2018.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to HRDC a sum of up to one hundred sixty-
eight thousand three hundred and twenty-one dollars ($168,321) from its General 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
Streamline services as described in the proposal presented by HRDC to the City
Commission on March 31, 2018 (the "Project"), attached hereto as Exhibit A and by this
reference incorporated herein.
3. Payment of Grant Funds
a. HRDC may request the Grant funds during the fiscal year ending June 30, 2019 as
needed by providing proof of expenses paid. Acceptable forms of proof of
payment shall be as determined in the sole discretion of the City's Director of
Finance.
FY 2019 Grant Agreement—Streamline Services Page 1
b. Any funds from the Grant not awarded during the fiscal year ending June 30,
2019 will remain in the City's General Fund and will be available for other
appropriation.
4. Grantee Representations
a. 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.
b. 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
not determine or exercise control as to general procedures or formats necessary
for HRDC to meet this warranty.
c. HRDC represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5. Reports/Accountability/Public Information. If Grant funds are paid to HRDC, HRDC will
provide to the City a formal written report that includes, at a minimum, the proof of
expenses paid. 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 seven 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
FY 2019 Grant Agreement—Streamline Services Page 2
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.
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, HRDC'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 Kristin Donald 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
FY 2019 Grant Agreement—Streamline Services Page 3
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,
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, or(ii) willful or reckless misconduct.
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
portion(s) 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.
FY 2019 Grant Agreement—Streamline Services Page 4
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
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;
• Employers' Liability-$1,000,000 per occurrence; $2,000,000 annual aggregate;
• 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
HRDC'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
FY 2019 Grant Agreement—Streamline Services Page 5
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.
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.
FY 2019 Grant Agreement—Streamline Services Page 6
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.
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 HRDC'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.
FY 2019 Grant Agreement—Streamline Services Page 7
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indica d b o' .
Date:
1a � m
Andrea Surratt, City Manager
City of Bozeman
Date: 7�
Heather Grenier, President and CEO
HRDC
Appfoved a o fo►�:
Date: It
Greg Su Ivan, City Attorney
City of Bozeman
FY 2019 Grant Agreement—Streamline Services Page 8
Exhibit A
Grant Proposal
FY 2019 Grant Agreement—Streamline Services Exhibit A
BUILDING A
BETTER S MID"-LWI
COMMUNITY
Streamline is a program of HRDC.
March 31, 2018
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Ms.Andrea Surratt
L a:1812 North Rouse
Bozeman City Hall
4 PO Box 1230 Bozeman,Montana59715
J Bozeman, MT 59771-1230
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6 Dear Ms. Surratt,
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First, I'd like to thank you for your continued support of Streamline, the state's first fare
free fixed route transit system. The City of Bozeman's contributions support a valuable
community resource and is greatly appreciated by the entire staff of Streamline, its
partners and those riding the bus.
This past winter the City of Bozeman committed additional funding for bus service on
Sundays and increased frequency on the Blueline.Although that funding supported those
services from January-June 2018, due to the popularity and improvement to the bus
routes we feel it's imperative to continue beyond June 301:11. On the first Sunday the bus ran,
it was full multiple times throughout the day.Also,the return of the Blue 1/2 Hour
Frequency run in the morning has been well utilized and has relieved pressure on the
regular Blue AM route. This was made possible strictly through the investment from the
City of Bozeman.
Your support of Streamline is critical to keep operating at the current service levels.We ask
that the funding is equivalent to the current year (1 Mill + $64,000). With this continued
funding as well as an increase from the Montana Department of Transportation, these route
expansions will be able to continue throughout the upcoming fiscal year. Additionally,we
feel hopeful Streamline's request to Gallatin County will generate matching funds to be able
to continue expanding to meet the needs of Bozeman.
As we look to the future and Bozeman continues to grow, Streamline will help create
sustainability by providing alternatives to the single occupancy vehicle. Our partnership
with the City will foster opportunities for expansion, generating adaptability to serve the
community needs.
Please do not hesitate to let me know if you have any questions or
concerns that I could address. Thank you again for considering our
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reques I : 406.587.4486
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Bozeman, Montana 59715
eni HRDC
President/CEO
BUILDING A BETTER COMMUNITY
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BETTER �+
COMMUNITY i7ALAVAN
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Galavan is a program of HRDC.
°1 March 31, 2018 P:)406)587-2434
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® Bozeman,MT 59715
Ms.Andrea Surratt
Bozeman City Hall
PO Box 1230
Bozeman, MT 59771-1230
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Dear Ms. Surratt,
First of all, I would like to thank you for the many years of support the City of Bozeman has
provided Galavan. That support helps to reduce the barriers to individual independence.
Eight months into the current fiscal year, Galavan has already provided over 20,000 rides
and added 160 new customers.
With the City's commitment of additional funding, Galavan was able to start providing
Sunday service to customers.Although that funding supported this service for only six
months, due its success we feel it is imperative to continue beyond June 30, 2018.
The City of Bozeman's support of Galavan is crucial as we continue to see an increase in
demand. We ask that the funding is equivalent to the current year(1 Mill). Galavan
continues to work at coordination with other local transportation providers in an effort to
address expanding neighborhoods and a growing population eligible for services.
Galavan improves the quality of life by reducing the number of people struggling with
isolation. The Galavan services as well as its partnerships will aid in the City's effort to
remain an inclusive community as we continue to see a rapid growth rate.
Please do not hesitate to let me know if you have any questions or concerns that I could
addr s. Thank you again for considering our Galavan request.
S' ce ely,
�>: 406.587.4486
Heather Grem
hello(a)thehrdc.org
President/CEO a: 32 South Tracy
Bozeman, Montana 59715
HRDC
BUILDING A BETTER COMMUNITY