HomeMy WebLinkAbout18- Grant Agreement - HAVEN - General Funding GRANT AGREEMENT
Haven—General Funding
THIS AGREEMENT is made and entered into this r� day of Oe« , 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 HAVEN, a Montana 501(c)(3) not for profit
organization with a mailing address of P.O. Box 752, Bozeman Montana 59771 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 June 18, 2018 HAVEN presented a proposal to the City Commission for a grant of
$30,000 for general operation of HAVEN, which identified strategic areas for use of the City
funding; and
WHEREAS, on June 25, 2018, the Commission appropriated $30,000 for general funding for
HAVEN; and
WHEREAS, the City approved the HAVEN proposal for the funds on September 10, 2018.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to HAVEN a sum of up to thirty thousand
dollars ($30,000) 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 HAVEN for the sole purpose of general
operation as described in HAVEN's proposal presented June 18, 2018 (the "Project"),
attached hereto as Exhibit A and by this reference incorporated herein.
3. Payment of Grant Funds
a. HAVEN 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.
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.
FY 2019 Grant Agreement—HAVEN General Funding
4. Grantee Representations
a. HAVEN 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 HAVEN's performance under this
Agreement.
b. HAVEN 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
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 HAVEN to meet this
warranty.
c. HAVEN 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 HAVEN, HAVEN
will provide to the City a formal written report that includes, at a minimum,the proof of
expenses paid. HAVEN agrees to develop and/or provide such other documentation as
requested by the City demonstrating HAVEN's compliance with the requirements of this
Agreement. HAVEN 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 HAVEN pursuant to this Agreement were used in compliance with
this Agreement and all applicable provisions of federal, state, and local law. HAVEN 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. HAVEN 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 HAVEN, 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. HAVEN 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.
FY 2019 Grant Agreement—HAVEN General Funding
HAVEN, 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 HAVEN 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 HAVEN. The notice will set forth the items to be cured. If this Agreement is
terminated pursuant to this Section, HAVEN will repay to the City any Grant funds
already delivered to HAVEN for the Project.
8. Limitation on HAVEN's Damages;Time for Asserting Claim
a. In the event of a claim for damages by HAVEN under this Agreement, HAVEN's
damages shall be limited to contract damages and HAVEN 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 HAVEN wants to assert a claim for damages of any kind or nature,
HAVEN 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 HAVEN fails to provide such
notice, HAVEN 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, HAVEN
may direct its communication or submission to other designated City personnel
or agents and may receive approvals or authorization from such persons.
b. HAVEN's Representative. HAVEN's Representative for the purpose of this
Agreement shall be Erica Coyle or such other individual as HAVEN shall designate
in writing. Whenever direction to or communication with HAVEN is required by
this Agreement, such direction or communication shall be directed to HAVEN's
FY 2019 Grant Agreement—HAVEN General Funding
Representative; provided, however, that in exigent circumstances when HAVEN's
Representative is not available, City may direct its direction or communication to
other designated HAVEN personnel or agents.
10. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, HAVEN
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
HAVEN'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). HAVEN'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 HAVEN
to assert its right to defense or indemnification under this Agreement or under HAVEN'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 HAVEN 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.
HAVEN 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—HAVEN General Funding
In addition to and independent from the above, HAVEN shall at HAVEN'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 HAVEN in this Section.The insurance coverage shall
not contain any exclusion for liabilities specifically assumed by HAVEN 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 HAVEN 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 HAVEN. HAVEN shall notify City within two (2) business days
of HAVEN's receipt of notice that any required insurance coverage will be terminated or
HAVEN's decision to terminate any required insurance coverage for any reason.
11. Nondiscrimination. HAVEN 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. HAVEN will have a
policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. HAVEN 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. HAVEN shall be subject to and comply with
FY 2019 Grant Agreement—HAVEN General Funding
Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all
regulations promulgated thereunder. HAVEN 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 HAVEN 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, HAVEN 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 HAVEN 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, HAVEN shall make
such records available for inspection and copying by members of the public. HAVEN
may charge for such copying in accordance with the policies of the City,which
HAVEN 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 HAVEN documents is protected
by law from disclosure, HAVEN may seek a determination of the City Attorney at no
cost to HAVEN. Such request and determination shall not create an attorney-client
relationship between HAVEN 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—HAVEN General Funding
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. HAVEN may not subcontract or assign HAVEN'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—HAVEN General Funding
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
indicated below.
Date: a —7
Andrea Surratt, City Manager
City of Bozeman
Date: (Z (^] 11
Erica Coyle, Executive Director
HAVEN
4Gre
as to form:
Date: 12 �� 17
ullivan, City Attorney
City of Bozeman
FY 2019 Grant Agreement—HAVEN General Funding
Exhibit A
Grant Proposal
FY 2019 Grant Agreement—HAVEN General Funding
A safe place when you need it most.
havenmt.org
Pp BOX 752 • Bozeman, MT 59771 • office:406.586.7689 • Fax
June 18, 2018
Dear Bozeman City Commissioners,
Thank you for your consideration of HAVEN's request for$30,000 in funding. Last year, 980
survivors of domestic violence sought support from HAVEN. Of those nearly one thousand
survivors,roughly two-thirds of them lived in Bozeman.
In a two-year span, five Bozeman residents lost their lives to domestic violence. According to the
Department of Justice,these five deaths account for 30% of all the domestic violence-related
deaths across the entire state during that same time period. Bozeman is becoming known for its
family violence,something I know none of us want connected to our city. Simultaneously,
HAVEN faces uncertain federal funding as the problem grows in our community. As the City is
aware,for years,HAVEN partnered with the City of Bozeman and other local agencies to
receive a grant from the Office on Violence Against Women. Last year,that funding was lost,
leaving HAVEN with a$50,000 shortfall to make up. This year,HAVEN could lose up to an
additional $142,000 in federal funding if other grants are not renewed in October.
Funding from the City of Bozeman would ensure 24/7 coverage of HAVEN's support line,the
first point of access survivors use to receive support. Last year,the support line received 4,033
calls, a 26%increase from the prior year. Advocates on the support line provide emotional
support for survivors,help them create a safety plan, share available community resources with
them, and assess their need for shelter. The support line is a truly life-saving service that
empowers survivors with support,knowledge, and resources to increase the safety of themselves
and their children.
Mayor Andrus and Commissioners,I thank you for all the steps you have already taken to create
a culture of nonviolence in Bozeman. I invite you to consider this additional investment in
helping HAVEN create a future without violence for the citizens of Bozeman. Thank you.
With Gratitude,
�avErica Coyle
Executive Director
24 HR SUPPORT LINE:406.586.4111
Healing • Advocacy • Victim Support • Education • New Beginnings