HomeMy WebLinkAbout31 MTREP - Final AgreementNon-Profit COVID Relief Grant Agreement – The Montana Racial Equity
Project Page 1
NON-PROFIT COVID RELIEF GRANT AGREEMENT
The Montana Racial Equity Project
THIS AGREEMENT is made and entered into this ____ day of __________, 2021 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 The Montana Racial Equity Project, a non-
profit business located at PO Box 11885, Bozeman, MT 59719 as GRANTEE.
WHEREAS, on November 22, 2020 the City Commission did adopt Resolution No. 5230
amending the City’s General Fund budget to appropriate the necessary funds to make grants to
non-profit entities for COVID pandemic relief, and
WHEREAS, on February 2, 2021 the City Commission did approve Non-profit COVID Relief
Grants, grantees, and amounts, and authorized the City Manager to enter into the necessary
grant agreements, and
WHEREAS, The Montana Racial Equity Project submitted an application for a Non-profit COVID
Relief Grant and was awarded a grant of $30,000 to assist in providing Basic Needs related
services (the “Project”/the “Services”) that would benefit the residents of the City of Bozeman.
THE PARTIES AGREE:
1.The Grant. The City will grant and release to GRANTEE 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 in the amount of up to Thirty thousand dollars
($30,000) will be used by GRANTEE for the sole purpose of contribution to GRANTEE’s
COVID-19 Crisis Fund to help Bozeman's underserved and marginalized residents with
financial support, as described in the proposal submitted by Grantee to the City
Commission, attached hereto as Exhibit A and by this reference incorporated herein.
3.Spending Deadline. It is agreed that all grant funds will be utilized by no later than
December 31, 2021.
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4. Payment of Grant Funds. The City agrees to disburse to GRANTEE Thirty thousand
dollars ($30,000) upon execution of this contract.
5. Grantee Representations
a. GRANTEE 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 Grantee’s performance under this
Agreement.
b. GRANTEE 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 GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Basic Needs projects and services
described in Exhibit A.
6. Compliance with Public Health Regulations. GRANTEE agrees to comply with all
Federal, State and Local COVID-19 pandemic-related public health orders when in effect
during the term of this grant. GRANTEE agrees all programs subject to and benefited by
this grant award will adopt protocols and procedures to ensure compliance with
Federal, State, and Local COVID-19 Pandemic Orders by its employees and
patrons. GRANTEE agrees violations of this provision are grounds for termination
pursuant to Default and Termination Section of this Agreement.
7. Reports/Accountability/Public Information. By no later than December 31, 2021,
GRANTEE will provide to the City a formal written report that includes, at a minimum
a. grant spending, in compliance with Exhibit A, indicting spending amounts by
calendar months, and
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b. an impact statement report describing the grant’s impact on program operations
and the benefits of the grant to the citizens of Bozeman, including number of
residents or clients impacted during the grant spending period, and
c. the entity’s annual financial report for the fiscal year the grant was received, and
d. GRANTEE agrees to develop and/or provide such other documentation as
requested by the City demonstrating GRANTEE’s compliance with the
requirements of this Agreement.
GRANTEE 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
GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all
applicable provisions of federal, state, and local law. GRANTEE 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. GRANTEE shall not issue any statements, releases or
information for public dissemination without prior approval of the City.
8. Independent Contractor Status. The parties agree that GRANTEE, 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. GRANTEE 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.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
9. Default and Termination. If GRANTEE 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 GRANTEE. The notice will set forth the items to be cured. If this Agreement
is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds
already delivered to GRANTEE under Section 3 of this agreement.
10. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby
expressly waives any right to claim or recover consequential, special, punitive,
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lost business opportunity, lost productivity, field office overhead, general
conditions costs, or lost profits damages of any nature or kind.
b. In the event GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE 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 GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
11. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be Anna Rosenberry, Assistant City Manager, 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, GRANTEE may direct its communication or submission to other
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this
Agreement shall be Judith Heilman, Executive Director or such other individual
as GRANTEE shall designate in writing. Whenever direction to or communication
with GRANTEE is required by this Agreement, such direction or communication
shall be directed to GRANTEE’s Representative; provided, however, that in
exigent circumstances when GRANTEE’s Representative is not available, City may
direct its direction or communication to other designated GRANTEE personnel or
agents.
12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE 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
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
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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). GRANTEE’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 GRANTEE
to assert its right to defense or indemnification under this Agreement or under
GRANTEE’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
GRANTEE 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.
GRANTEE 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.
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE 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
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the City and GRANTEE 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 GRANTEE. GRANTEE shall notify City within two (2) business
days of GRANTEE’s receipt of notice that any required insurance coverage will be
terminated or GRANTEE’s decision to terminate any required insurance coverage for any
reason.
13. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE 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.
GRANTEE represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act). GRANTEE must report to the City any violations of the Montana Equal Pay
Act that Contractor has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
GRANTEE represents that it shall not engage in discriminatory practices. A discriminatory
practice occurs anytime a recipient of or applicant for services is denied services or has
some other negative action taken toward that recipient or applicant because of race,
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color, religion, creed, political ideas, sex, age, marital status, national origin, actual or
perceived sexual orientation, gender identity, physical or mental disability.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
14. Public Meetings and Access to Public Records
a. Meetings of GRANTEE 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, GRANTEE 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 GRANTEE 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, GRANTEE shall make
such records available for inspection and copying by members of the public.
GRANTEE may charge for such copying in accordance with the policies of the City,
which GRANTEE 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 GRANTEE documents is
protected by law from disclosure, GRANTEE may seek a determination of the City
Attorney at no cost to GRANTEE. Such request and determination shall not create
an attorney-client relationship between GRANTEE and the City.
15. 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
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entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
16. 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.
17. 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.
18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including
the right to Grant payments, or any other rights or duties arising hereunder, without the
prior written consent of City.
19. 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.
20. 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.
21. 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.
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22. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
23. 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: __________
Jeff Mihelich, City Manager
City of Bozeman
_______________________ Date: __________
Judith Heilman, Executive Director
GRANTEE
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
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3/3/2021
3/8/2021
Non-Profit COVID Relief Grant Agreement –The Montana Racial Equity
Project Exhibit A
Exhibit A
Grant Proposal
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COVID Non‐Profit Grant Applications
Applicant Name: The Montana Racial Equity Project
Amount Requested: $ 30,000
Funding Recommendation: $ 30,000
General Category: Basic Needs
Detailed Description Submitted: The Montana Racial Equity Project (MTREP) advocates equity and
justice for historically marginalized, disenfranchised, and oppressed peoples in Montana. MTREP
directs resources, energy, and time toward addressing racial inequity and injustice in Montana
through community organizing, education, and base building.
Our purpose is to educate and activate Montanans for that which we advocate. In working towards
this, we lift the voices and elevate the agency of BIPOC through an intersectional lens and develop
antiracist leaders and organizers.As the only black‐led racial and social justice organization in the
state, we are dedicated to empowering Black, Brown, Indigenous, and people of color (BIPOC) to
acknowledge their racial trauma, learn, heal, and stand up for their civil rights.
Our promise as an organization is to lift the voices and elevate the agency of BIPOC in every aspect of
our work and put their voices at the forefront of our initiatives and community organizing. The goal
has always been to educate and activate Montanans to reduce all expressions of racism, bigotry, and
prejudice towards historically marginalized, disenfranchised, and oppressed people. We achieve this
through educational workshops, community events, community organizing, EIJ consulting, and
programs designed specifically for the benefit and betterment of BIPOC lives.As the COVID‐19 crisis
continues to develop and affect the physical, mental, emotional, social, and financial health of our
communities, we have also seen an increase in the expression of racism, xenophobia, and white
supremacy across the state in light of the COVID‐19 pandemic. Because of this, we have seen
increased demand for our services, workshops, and EIJ training, but social distancing guidelines have
prevented us from providing these in‐person services to the public.
We normally host our main programs, “Ending Bias, Bigotry, and Racism” and "How to Talk with Kids
About Race" in a handful of Montana cities, with participants traveling from every corner of the state
to attend, learn, and grow. At the beginning of the pandemic, reduced staff hours affected our
capacity to turn our 8‐hour workshops and multi‐day training into digital formats. We also have three
research projects that have been put on hold because of our inability to travel around the state to
conduct needs assessments and focus groups, which in turn could impact our grant funding. With the
cancellation of workshops and organizational training sessions we lost $13,000 in revenue in April
alone.
COVID‐19 has had a dramatic effect on the needs of the underserved individuals and families we
serve, financially, mentally, socially, and physically. Well‐versed in community organizing, The
Montana Racial Equity Project wants to utilize our skills and expertise to help mobilize resources for
our community and provide financial assistance on a case‐by‐case basis to those in need. Through our
COVID‐19 Crisis Fund, we will continue to prioritize the marginalized communities we serve, such as
Black, Brown, Indigenous, people of color (BIPOC) and LGBTQIA, while expanding our support to
include sick, disabled, quarantined without pay, elderly, working class individuals and families, and
undocumented community members. These funds will be used to assist individuals and/or families
who may need income assistance, funds to cover sick leave, help buying groceries, making rent or
utility payments, covering health expenses, school costs, and a myriad of other needs as they arise.
DocuSign Envelope ID: 388F5EBB-B5F0-49E6-ABBC-CC40B1919542
COVID Non‐Profit Grant Applications
Our long‐term COVID‐19 management is to continue to develop creative and dynamic measures by
which to effect transformational change in racial justice and begin de‐colonizing traditional white ‐
colonized ‐ ways of being and knowledge in order to support these communities.
MTREP’s Covid‐19 Crisis fund started with $4,525, but it was depleted within 24 hours because of the
need! We have received $15,652 from the Southwest Montana Covid Response Fund, as well as
support from other charitable foundations and donations from individuals. To date, we have
expended $95,000 in financial support to those who are most at‐risk, serving roughly 150 people
across the state. There is still an existing demand of $348,671 in requests that we have not been able
to provide support for because our COVID‐19 Crisis Fund is currently at a balance of zero. While that
need spans communities across the state, there is an outstanding need of $30,000 from Bozeman
residents alone.
We are requesting $30,000 from the city to help fund the financial need of our underserved and
marginalized residents through our COVID‐19 Crisis Fund. This will be a strictly pass‐through grant for
dispersal of the entire $30,000 to the Bozeman residents whom we serve and are already on our
request list. While our COVID‐19 Crisis Fund was not designed to last long‐term (as we hope COVID‐
19 is not a permanent part of our lives) we see lasting effects that it could have on our community
members. Black, Brown, Indigenous, people of color (BIPOC), LGBTQIA, the sick, disabled, quarantined
without pay, elderly, working class individuals, families, and undocumented community members
need to know that they have a support system in the community. While this fund may not be a
permanent service we provide, it shows these individuals that there are organizations in Bozeman
that they can turn to for support and resources in the future. Additionally, we also see this as an
opportunity for the city to show these marginalized community members that they are worth
investing in and that the city cares about their lives, which could result in a renewed level of trust in
the government thus bucking.
Attachment: False
Contact Info: Judith Heilman 4065702055 jheilman@themtrep.org
Entity Address: PO Box 11885 N/A Bozeman MT 59719
Other Entities Funding has been Requested From: Social Justice Fund NorthWest Southwest Montana
Covid‐19 Response Fund Northwest Area Foundation $3,000 $23,652 $25,000 (gen ops support)
Date Submitted: 12/21/2020 10:19:00 PM
Financial Information Submitted? True
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