HomeMy WebLinkAbout21- Grant Agreement - HAVEN - Funding FY22
FY 2022 Grant Agreement –HAVEN General Support Page 1
GRANT AGREEMENT
HAVEN GENERAL FUNDING
THIS AGREEMENT is made and entered into this 17 day of August, 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 HAVEN, a Non-Profit located at PO Box 752
Bozeman 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, HAVEN submitted a proposal to the City Commission for a grant of $30,000 for
general support that would benefit from the City funding; and
WHEREAS, on June 22, 2021, the Commission appropriated $30,000 for the General Support.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up 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 their mission as described in
the proposal submitted by Grantee to the City Commission, attached hereto as Exhibit A
and by this reference incorporated herein.
3. Payment of Grant Funds
a. Grantee may request the Grant funds during the fiscal year ending June 30, 2022
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,
2022 will remain in the City’s General Fund and will be available for other
appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of Grantee’s representations as set forth in Section 4
are true and correct, and (ii) Grantee is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in the determination
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of the City, the City shall have no obligation to make payment and the City’s
determination to refrain from paying, or its inability to pay, any of the Grant
funds shall not be or result in a default of this Agreement.
4. 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 HAVEN’s General Support request.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. 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.
6. Permits and Compliance With Laws. Grantee will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local,
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state and federal laws, rules and regulations which must be obtained or met in
connection with construction of the Project
7. 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.
8. 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 for the General Support request.
9. 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,
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.
10. 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
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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 Sydni Berry 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.
11. 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.
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.
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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
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.
12. 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
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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 shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
13. 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.
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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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
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19. 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.
20. 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.
21. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
22. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
23. Consent to Electronic Signatures. The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
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: __________
Print name and Title:___________________________
GRANTEE
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
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Grants Manager
Sydni Berry
8/18/2021
8/18/2021
8/18/2021
FY 2022 Grant Agreement – HAVEN General Support Request
Exhibit A
Exhibit A
Grant Proposal
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Kristin Donald
From:webadmin@bozeman.net
Sent:Monday, March 8, 2021 7:40 AM
To:Kristin Donald
Subject:*NEW SUBMISSION* - Outside Entity Budget Requests
Follow Up Flag:Follow up
Flag Status:Completed
A new entry to a form/survey has been submitted.
Form Name: Outside Entity Budget Requests
Date & Time: 03/08/2021 7:39 AM
Response #: 4
Submitter ID: 35710
IP address: 69.145.228.72
Time to complete: 15 min. , 32 sec.
Survey Details
Page 1
1.Entity Name
Haven
2.Entity's Physical Address
Street Address PO BOX 752
Unit # Not answered
City BOZEMAN
Postal/Zip Code 59771‐0752
State Montana
3.Number of Years of Operation as a Non‐Profit Organization
41
4.Link to Most Recent Annual Financial Report
https://static1.squarespace.com/static/5d62bdcfdd1e9300010c6802/t/600f0f8fa4b6a624083a8ef8/1611599760177/2020‐
06‐30+Audit+‐+Final.pdf
5.Dollar Amount Requested for the Fiscal Year
30,000
6.Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit
Haven’s request for funding relates directly to the City of Bozeman’s third vision statement, which encompasses “A safe,
welcoming community.” For 41 years, Haven has been committed to reducing the incidence and minimizing the impact of
domestic abuse on families and communities. We provide emergency shelter, a 24‐hour support line, legal advocacy,
Exhibit A
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individual counseling, and support groups to survivors of domestic violence, sexual assault, dating violence, sex trafficking,
and stalking. Haven also works to end the cycle of violence by creating an engaged community through our teen dating
violence prevention, a survivor speakers' bureau, and other community education programs. We recognize that one
organization alone will never end an epidemic as widespread as domestic violence. Much of Haven’s success hinges on
collaborations and we must engage all members of our community as allies in supporting survivors and holding abusers
accountable. Since the City of Bozeman partnered with Haven to issue a mayoral proclamation against domestic violence,
Haven remains grateful for the City’s continued dedication to funding Haven’s growing advocacy in its annual budget. The
City of Bozeman’s leadership on the issue of domestic violence speaks volumes about how our community is taking
ownership of the issue. Last fiscal year, 1,014 survivors sought a wide range of Haven's services; 354 sought help through
our legal advocacy office; 93 found emotional support through counseling and support groups. Although enforcing physical
distancing requirements led to a decrease in shelter capacity during the spring of 2020, Haven’s emergency shelter still
housed over 53% more survivors than the previous year. Haven's support line rang 5,103 times, an average of over 14 times
a day. Haven respectfully requests that the City of Bozeman continue funding Haven’s advocacy program at the previous
level of $30,000. This funding pays for 100% of the overnight advocates and 50% of the weekend advocates. These
advocates ensure that survivors’ calls are answered 24‐hours a day, seven days a week on Haven’s support line. They
provide support and transportation to survivors in shelter, help find short‐term hotel rooms for survivors needing a place to
stay when shelter is full, get rooms ready for new residents, and see to other shelter requirements. Thank you for
considering this request and we look forward to our continued partnership as we work to ensure a community
knowledgeable about domestic abuse, fully engaged and committed to the safety and well‐being of its members.
7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three)
#1 Name Montana Bureau of Crime Control, Victims of Crime Act
Amount $ 84,734
#2 Name Department of Justice, Office of Violence Against Women, Legal Assistance for Victims
Amount $ 71,623
#3 Name Gilhousen Family Foundation
Amount $ 60,000
8. Contact Information for Entity
First Name Sydni
Last Name Berry
Phone Number (406) 586‐7689
Email Address sydni@havenmt.org
Thank you,
City Of Bozeman
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