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HomeMy WebLinkAboutMTREP ARPA Grant Application 2021Exhibit A Program Proposal Executive Summary of the Program The Montana Racial Equity Project (MTREP) is proposing to offer financial assistance and resource distribution to households and workers impacted by the COVID-19 public health crisis. Through our COVID-19 Crisis Fund, we would help those financially impacted by helping to purchase groceries, winter clothing, gas cards, baby essentials, women’s hygiene items, rent assistance, and other financial support as deemed necessary. In collaboration with the Montana Immigrant Justice Alliance (MIJA), we would distribute monetary assistance and identified items to lessen the financial burden on these community members impacted by COVID-19 and its effects. Firm/ Individual Profile 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 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. Most recent Financial Statement Audit report and Management letter and most recent Single Audit report if one has been performed in the last 4 years The Montana Racial Equity Project Budget vs. Actuals: 2020 Budget - FY20 P&L January - December 2020 Accrual Basis Wednesday, April 14, 2021 02:35 PM GMT-06:00 1/3 TOTAL ACTUAL BUDGET OVER BUDGET Revenue Consultation Fees 22,000.00 2,700.00 19,300.00 Government Grants and Contracts 302,568.50 196,705.00 105,863.50 Individual Contributions Charitable Contributions 346,918.97 7,075.00 339,843.97 End of Year Appeal 19,335.00 13,000.00 6,335.00 GBGV 17,730.75 15,000.00 2,730.75 Sponsorship Contributions 500.00 -500.00 Total Individual Contributions 383,984.72 35,575.00 348,409.72 Investments 21.05 21.05 Program Income Program Service Fees 20,289.00 8,280.00 12,009.00 Sponsors 35,000.00 -35,000.00 Total Program Income 20,289.00 43,280.00 -22,991.00 Restricted Grants COVID Relief 95,079.50 95,079.50 Total Restricted Grants 95,079.50 95,079.50 Sales - Conference Registration 60,000.00 -60,000.00 Sales of Product Income 2,000.00 -2,000.00 Scholarship Donation 300.00 300.00 Temp Restricted Funds Black Student Academic Support Fund 1,900.00 3,600.00 -1,700.00 Total Temp Restricted Funds 1,900.00 3,600.00 -1,700.00 Workshop Scholarship Fund 420.00 -420.00 Total Revenue $826,142.77 $344,280.00 $481,862.77 GROSS PROFIT $826,142.77 $344,280.00 $481,862.77 Expenditures Advertising and Marketing 1,743.00 4,450.00 -2,707.00 Bank Charges 4,674.15 1,575.00 3,099.15 Business Expenses Business Registration Fees 20.06 135.00 -114.94 Total Business Expenses 20.06 135.00 -114.94 Continuing Education 12,196.25 3,500.00 8,696.25 Contract Services Accounting Fees 7,018.34 13,000.00 -5,981.66 Grant Writing, Research Expense 15,504.85 27,000.00 -11,495.15 Legal Fees 142.50 1,200.00 -1,057.50 Outside Contract Services 18,201.62 28,200.00 -9,998.38 Total Contract Services 40,867.31 69,400.00 -28,532.69 COVID Relief Expense 95,079.50 95,079.50 Dues and Subscriptions 8,057.84 2,335.00 5,722.84 The Montana Racial Equity Project Budget vs. Actuals: 2020 Budget - FY20 P&L January - December 2020 Accrual Basis Wednesday, April 14, 2021 02:35 PM GMT-06:00 2/3 TOTAL ACTUAL BUDGET OVER BUDGET Event Expenses 90.05 1,250.00 -1,159.95 Facilities and Equipment Equip Rental and Maintenance 168.00 450.00 -282.00 Property Insurance 25,000.00 -25,000.00 Rent, Parking, Utilities 26,362.99 26,362.99 Total Facilities and Equipment 26,530.99 25,450.00 1,080.99 Fundraising Expenses 150.00 -150.00 Health Insurance 7,908.46 7,908.46 Insurance and Benefits 553.85 553.85 Legal and Professional Fees 3,252.50 2,000.00 1,252.50 Manager, Equity, Inclusion, Justice and Outreach 3,384.62 3,384.62 Meals and Entertainment 307.43 2,590.00 -2,282.57 Mileage 1,546.44 9,000.00 -7,453.56 Office Supplies 10,055.27 7,100.00 2,955.27 Operations Postage, Mailing Service 75.00 -75.00 Printing and Copying 561.73 200.00 361.73 Repair and Maintenance 1,632.29 750.00 882.29 Supplies 1,610.43 600.00 1,010.43 Telephone, Telecommunications 977.31 2,000.00 -1,022.69 Total Operations 4,781.76 3,625.00 1,156.76 Other Types of Expenses Insurance - Liability, D and O 1,127.50 1,200.00 -72.50 Insurance - Worker's Comp 816.61 816.61 Total Other Types of Expenses 1,944.11 1,200.00 744.11 Payroll Expenditures 1,250.00 1,250.00 Payroll Expenses Community Engagement Lead 10,769.22 10,769.22 Criminal Justice Lead 10,769.22 10,769.22 Education Admin 2,628.23 7,500.00 -4,871.77 Education Initiative Lead 10,769.22 38,000.00 -27,230.78 Executive Assistant 10,091.25 10,091.25 Executive Director Salary 48,653.79 45,000.00 3,653.79 Insurance and Benefits 2,192.36 6,000.00 -3,807.64 Manager, Equity, Inclusion, Justice Consulting 11,308.10 11,308.10 Operations & Communications Assistant 24,803.15 3,315.00 21,488.15 Payroll Tax Expense 14,853.09 10,357.80 4,495.29 Programs, Events and Outreach Admin 25,538.49 38,000.00 -12,461.51 Special Projects Lead 15,076.76 15,076.76 Unemployment Insurance 1,381.98 1,000.00 381.98 Total Payroll Expenses 188,834.86 149,172.80 39,662.06 Program Expense The Montana Racial Equity Project Budget vs. Actuals: 2020 Budget - FY20 P&L January - December 2020 Accrual Basis Wednesday, April 14, 2021 02:35 PM GMT-06:00 3/3 TOTAL ACTUAL BUDGET OVER BUDGET Facilities Rental 250.00 30,990.00 -30,740.00 Program Advertising 541.84 825.00 -283.16 Program Materials and Supplies 3,388.60 5,420.00 -2,031.40 Program Speaking Fee 700.00 700.00 Total Program Expense 4,880.44 37,235.00 -32,354.56 Security Monitoring 273.00 273.00 Software and Apps 5,506.00 5,506.00 Staff Bonus 15,268.02 15,268.02 Travel and Meetings 76.52 76.52 Conference, Convention, Meeting 1,740.03 19,650.00 -17,909.97 Travel 2,757.69 3,700.00 -942.31 Total Travel and Meetings 4,574.24 23,350.00 -18,775.76 Website Expense 4,853.44 4,853.44 Workmans Comp Insurance 1,164.21 1,164.21 Total Expenditures $449,597.80 $343,517.80 $106,080.00 NET OPERATING REVENUE $376,544.97 $762.20 $375,782.77 NET REVENUE $376,544.97 $762.20 $375,782.77 Related Experience with Projects Similar to the Scope of Services During the height of the pandemic, MTREP created the COVID-19 Crisis Fund to provide financial assistance and relief to the underserved and marginalized members of our community who had limited access to financial services or traditional resources. Well-versed in community organizing, MTREP was able 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 prioritized (and 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 assisted individuals and families who needed 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 arose. MTREP’s Covid-19 Crisis fund started with $4,525, but it was depleted within 24 hours because of the need! We 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 over $95,000 in financial support to those who are most at-risk, serving roughly 150 people across the state. Detailed Description of the Program o How the program addresses the negative economic impacts caused by the public health emergency, including economic harms to workers and households. COVID-19 has had a dramatic effect on the needs of the underserved individuals and families we serve, financially, mentally, socially, and physically. Through our COVID-19 Crisis Fund, we will help mitigate the economic hardship on workers and households by mobilizing resources for our community and providing financial assistance on a case-by-case basis to those in need. Through our COVID-19 Crisis Fund, we will prioritize assistance to the marginalized communities we serve: BIPOC, LGBTQIA2s+, the disabled, the elderly, working class individuals and families, and undocumented community members. These funds will be used to assist workers and families who may need income assistance, funds to cover sick leave, help buying groceries, making rent or utility payments, covering health expenses, covering gas to get to and from work, buying winter clothes, and a myriad of other needs as they arise. o How much funding is being requested ($ 500,000 or less, including of administrative fees.) We are requesting $75,000 to be used for financial assistance and purchase of resources to marginalized groups. o How the funding will be distributed to households andor workers. The funding will be distributed through an application process. Households and workers who have faced negative economic impacts of the COVID-19 pandemic can submit a request for financial assistance, detailing what they need support with, and MTREP will review each application. We have a low-barrier application process to make it equitable and accessible for the marginalized communities we serve. We will distribute the monetary amounts via Venmo, Paypal, check, or gift card depending upon the needs of the applicant. MTREP will also coordinate with the Montana Immigrant Justice Alliance (MIJA) to distribute funds and resources to o What, if any, administrative fees will be charged to the program To fulfill the services outlined in this proposal, we will need to hire a part-time employee to oversee and manage the COVID-19 Crisis Fund. We anticipate the administrative costs associated with this will be $15,000 and will be used to purchase a laptop and laptop accessories, register a Zoom account, and pay an $18 p/hr salary for the manager of this fund, along with other internal expenses. o How it will comply with Federal Requirements Our program will comply with Federal Requirements by using the award funds to respond to the COVID-19 public health emergency or its negative economic impacts. As a subrecipient, we will submit all required Project and Expenditure quarterly reports within thirty days after the end of each calendar quarter. We will report on appropriate projects, expenditures, project status, and demographic distribution. o How it will comply with requirements for City reporting. Grant funds will be used as described in this proposal as a permissible use of ARPA funding. Costs incurred shall only be necessary and allowable to carry out the proposed activities of the Approved Services from the City. On or before the twentieth day of each month, our organization shall submit invoices to the City setting forth actual expenditures in accordance with this agreement. We will complete and submit any required reports in a timely and professional manner as determined by the grant agreement. o How the program ( or firm?) addresses equity and the intersectional impacts of COVID- 19 for any or all of the following: households below poverty level, people of color, people with disabilities, LGBTQ+ individuals, and people with limited English proficiency COVID-19 has disproportionately affected BIPOC communities financially, mentally, physically and socially by increasing the extensive wealth gap that exists in our country and deepening the health disparities among BIPOC individuals. Our Covid-19 Crisis Fund will prioritize BIPOC, LGBTQIA2s+, the disabled, the elderly, working class individuals and families, undocumented community members, and those with limited English profieciency in order to get these households, workers, and indivudals the necessary resources they need with rapid response. While our COVID-19 Crisis Fund has not been designed to last long-term (as we hope COVID-19 is not a permanent part of our lives) we see the negative financial impact iit has had on these marginalized and underserved community members and are committed to providing them with financial assistance and peer support. These populations of people need to know that they have a support system in the community and can utilize MTREP as a resource. While this fund may not be a permanent service we provide, the financial assistance 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. Our long-term strategy 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 impacted by COVID-19. Proposed Schedule for program and funding distribution ( must be fully distributed before July 31, 2024.)We anticipate fully distributing the awarded amount within one year of receipt of funds. We anticipate the following schedule: November 2021-Hire a part-time assistant to oversee the COVID-19 Crisis Fund. December 2021-Coordinate with Montana Immigrant Justice on an action plan and determine shared roles and responsibilities. Ongoing-receive applications from individuals and households who are experiencing financial burdens as a result of the public health emergency. Ongoing-review applications and make determinations on financial support and resources to be dispatched. Ongoing- monetary support and resources are allocated to workers and households in need. Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://wayback.archive-it.org/499/20210701223409/https:/equalpay.mt.gov/, or equivalent best practices publication and has read the material. Name and title of person authorized to sign on behalf of submitter The Montana Racial Equity Project (MTREP) MTREP Attn: Judith Heilman, Exec Dir Appendix B GRANT SUBRECIPIENT AGREEMENT AMERICAN RESCUE PLAN HOUSEHOLD EFFORTS SUB AWARD THIS AGREEMENT is made and entered into this __ day of ____ � 20_ by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 {"City1') as GRANTOR and The Montana Racial Equity Project (MTREP), a 501c3 nonprofit located at 234 E. Babcock Street, Bozeman, MT 59715 as SUBRECIPIENT. 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, MTREP submitted a proposal to the City for a program that complies with the term of the American Rescue Plan for household assistance efforts for $75,000; and THE PARTIES AGREE: 1.The Sub Award. The City will award and release to SUBRECIPIENT a sum of up to [seventy-five thousand dollars ($75,000) from its American Result Plan Act (ARPA) award [name of fund] Fund, {the "Grant") pursuant to the payment terms in Section 3. 2.Use of Funds. Grant funds in the amount of up to seventy-five thousand dollars ($75,000) will be used by SUBRECIPIENT for the sole purpose of redistribution of emergency funds to the community which is a permissible use of ARPA funds, as described in the proposal submitted by Subrecipient, attached hereto as Exhibit A and by this reference incorporated herein. 3.Term. Program and expenditures must be performed during the term of the date of execution of this agreement through June 30, 2022 (FY23). 4.Payment of Funds a.The agrees to reimburse Subrecipient for costs actually incurred and paid by Subrecipient in accordance with the Approved Budget attached hereto as Exhibit B and for the performance of the Approved Services under this Agreement in an amount not to exceed $75,000 (the "Total Agreement Funds"). b.The amount of Total Agreement Funds, however, is subject to adjustment by City if a substantial change is made in the Approved Services that affects this Agreement or if this Agreement is terminated prior to the expiration of the Agreement as provided in Section 3 above. Program funds shall not be FY 2022/2023 Subrecipient Grant Agreement -ARPA Household Efforts Page 1 FY 2022/2023 Subrecipient Grant Agreement – ARPA Household Efforts Page 2 expended prior to the Effective Date, or following the earlier of the expiration or termination of this Agreement. c. Costs incurred shall only be as necessary and allowable to carry out the purposes and activities of the Approved Services and may not exceed the maximum limits set in the Approved Budget. d. Expenses charged against the Total Agreement Funds shall be incurred in accordance with the American Rescue Plan and the Federal Treasury’s guidance, Office of Budget and Management Guidance, and City purchasing policies. e. Invoices. On or before the twentieth (20th) day of each month and in any event no later than thirty (30) days after the earlier of the expiration or termination of this Agreement, Subrecipient shall submit invoices, in a form supplied by City, for the most recent month ended, to City, setting forth actual expenditures of Subrecipient in accordance with this Agreement. Within ten (10) working days from the date it receives such invoice, City may disapprove the requested compensation. If the compensation is so disapproved, City shall notify Subrecipient as to the disapproval. If payment is approved, no notice will be given. f. Subrecipient may request the Grant funds during the fiscal year ending June 30, 2022 and June 30, 2023 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. g. Any funds from the sub award not awarded during the fiscal year ending June 30, 2023 will remain in the City’s ARPA Fund and will be available for other appropriation. 5. Subrecipient Representations a. SUBRECIPIENT 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 Subrecipient’s performance under this Agreement. Specific Treasury Guidance attached in Exhibit C. b. SUBRECIPIENT 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 SUBRECIPIENT to meet this warranty. c. SUBRECIPIENT represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the redistribution of emergency funds to the community. d.SUBRECIPIENT shall maintain a financial management system and financial records and shall administer funds received pursuant to this Agreement in accordance with all applicable federal and state requirements. Subrecipient shall adopt such additional financial management procedures as may from time to time be prescribed by City if required by applicable laws, regulations or guidelines from its federal and state government funding sources. Subrecipient shall maintain detailed, itemized documentation and records of all income received and expenses incurred pursuant to this Agreement. e.Any item of expenditure by Subrecipient under the terms of this Agreement which is found by auditors, investigators, and other authorized representatives of City, the City's external Auditor, the U.S. Government Accountability Office or the Comptroller General of the United States to be improper, unallowable, in violation of federal or state law or the terms of the Notice of Prime Award or this Agreement, or involving any fraudulent, deceptive, or misleading representations or activities of Subrecipient, shall become Subrecipient's liability, to be paid by Subrecipient from funds other than those provided by City under this Agreement or any other agreements between City and Subrecipient. This provision shall survive the expiration or termination of this Agreement. f.In any fiscal year in which Subrecipient expends $750,000 or more in federal awards during such fiscal year, including awards received as a subrecipient, Subrecipient must comply with the federal audit requirements contained in the Uniform Guidance, [45 CFR Part 75], including the preparation of an audit by an Independent Certified Public Accountant in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. 7501-7507, and with Generally Accepted Accounting Principles. If Subrecipient expends less than $750,000 in federal awards in any fiscal year, it is exempt from federal audit requirements, but its records must be available for review by City and appropriate officials. Subrecipient shall provide City with a copy of Subrecipient's most recent audited financial statements, federal Single Audit report, if applicable (including financial statements, schedule of expenditures of federal awards, schedule of findings and FY 2022/2023 Subrecipient Grant Agreement -ARPA Household Efforts Page 3 FY 2022/2023 Subrecipient Grant Agreement – ARPA Household Efforts Page 4 questioned costs, summary of prior audit findings, and corrective action plan, if applicable), and management letter within thirty (30) days after execution of this Agreement and thereafter within nine (9) months following the end of Subrecipient’s most recently ended fiscal year. g. Final payment request(s) under this Agreement must be received by City no later than thirty (30) days from the earlier of the expiration date or termination date of this Agreement. No payment request will be accepted by City after this date without authorization from City. In consideration of the execution of this Agreement by City, Subrecipient agrees that acceptance of final payment from City will constitute an agreement by Subrecipient to release and forever discharge City, its agents, employees, representatives, affiliates, successors and assigns from any and all claims, demands, damages, liabilities, actions, causes of action or suits of any nature whatsoever, which Subrecipient has at the time of acceptance of final payment or may thereafter have, arising out of or in any way relating to any and all injuries and damages of any kind as a result of or in any way relating to this Agreement. Subrecipient’s obligations to City under this Agreement shall not terminate until all closeout requirements are completed to the satisfaction of City. Such requirements shall include, without limitation, submitting final reports to City and providing any closeout-related information requested by City by the deadlines specified by City. This provision shall survive the expiration or termination of this Agreement. 6. Cooperation in Monitoring and Evaluation. a. City Responsibilities. City shall monitor, evaluate and provide guidance and direction to Subrecipient in the conduct of Approved Services performed under this Agreement. City has the responsibility to determine whether Subrecipient has spent funds in accordance with applicable laws, regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. City may require Subrecipient to take corrective action if deficiencies are found. b. Subrecipient Responsibilities. i. Subrecipient shall permit City to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, funding sources guidelines or by the terms and conditions of the applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest extent possible, the cooperation of its agents, employees and board members in such monitoring and FY 2022/2023 Subrecipient Grant Agreement – ARPA Household Efforts Page 5 evaluation efforts. This provision shall survive the expiration or termination of this Agreement. ii. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of City, the U.S. Government Accountability Office or the Comptroller General of the United States and Subrecipient agrees to ensure to the extent possible the cooperation of its agents, employees and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement. 7. Reports/Accountability/Public Information. SUBRECIPIENT 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 SUBRECIPIENT pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. SUBRECIPIENT 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. SUBRECIPIENT shall not issue any statements, releases or information for public dissemination without prior approval of the City. 8. Permits and Compliance With Laws. Subrecipient will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with construction of the Project 9. Independent Contractor Status. The parties agree that SUBRECIPIENT, 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. SUBRECIPIENT 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. SUBRECIPIENT, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 10. Default and Termination. If SUBRECIPIENT 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 SUBRECIPIENT. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, SUBRECIPIENT will repay to the City any Grant funds already delivered to SUBRECIPIENT for the redistribution of emergency funds to the community. 11.Limitation on SUBRECIPIENT's Damages; Time for Asserting Claim a.In the event of a claim for damages by SUBRECIPIENT under this Agreement, SUBRECIPIENT's damages shall be limited to contract damages and SUBRECIPIENT 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.Jn the event SUBRECIPIENT wants to assert a claim for damages of any kind or nature, SUBRECIPIENT 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 SUBRECIPIENT fails to provide such notice, SUBRECIPIENT shall waive all rights to assert such claim. 12.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, SUBRECIPIENT may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b.SUBRECIPIENT's Representative. SUBRECIPIENT's Representative for the purpose of this Agreement shall be Judith Heilman as SUBRECIPIENT shall designate in writing. Whenever direction to or communication with SUBRECIPIENT is required by this Agreement, such direction or communication shall be directed to SUBRECIPIENT's Representative; provided, however, that in exigent circumstances when SUBRECIPIENT's Representative is not available, City may direct its direction or communication to other designated SUBRECIPIENT personnel or agents. FY 2022/2023 Subrecipient Grant Agreement -ARPA Household Efforts Page 6 FY 2022/2023 Subrecipient Grant Agreement – ARPA Household Efforts Page 7 13. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, SUBRECIPIENT 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 SUBRECIPIENT’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). SUBRECIPIENT’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 SUBRECIPIENT to assert its right to defense or indemnification under this Agreement or under SUBRECIPIENT’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 SUBRECIPIENT 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. SUBRECIPIENT 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, SUBRECIPIENT shall at SUBRECIPIENT’s expense secure insurance coverage through an insurance company or companies duly FY 2022/2023 Subrecipient Grant Agreement – ARPA Household Efforts Page 8 licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by SUBRECIPIENT in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT. SUBRECIPIENT shall notify City within two (2) business days of SUBRECIPIENT’s receipt of notice that any required insurance coverage will be terminated or SUBRECIPIENT’s decision to terminate any required insurance coverage for any reason. 14. Nondiscrimination and Equal Pay. SUBRECIPIENT agrees that all hiring by Subrecipient of persons performing this Grant Agreement shall be on the basis of merit and qualifications. SUBRECIPIENT will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. SUBRECIPIENT 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. FY 2022/2023 Subrecipient Grant Agreement – ARPA Household Efforts Page 9 SUBRECIPIENT 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). SUBRECIPIENT 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. SUBRECIPIENT shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 15. Public Meetings and Access to Public Records a. Meetings of SUBRECIPIENT 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, SUBRECIPIENT 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 SUBRECIPIENT 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, SUBRECIPIENT shall make such records available for inspection and copying by members of the public. SUBRECIPIENT may charge for such copying in accordance with the policies of the City, which SUBRECIPIENT 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 SUBRECIPIENT documents is protected by law from disclosure, SUBRECIPIENT may seek a determination of the City Attorney at no cost to SUBRECIPIENT. Such request and determination shall not create an attorney-client relationship between SUBRECIPIENT and the City. FY 2022/2023 Subrecipient Grant Agreement – ARPA Household Efforts Page 10 16. 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. 17. 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. 18. 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. 19. No Assignment. SUBRECIPIENT may not subcontract or assign SUBRECIPIENT’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 20. 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. 21. 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. 22.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. 23.Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 24.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 25.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. Jeff Mihelich, City Manager City of Bozeman Print name and Title: Date: ----- Date: ----- -------------SUBRECIPIENT Approved as to form: Greg Sullivan, City Attorney City of Bozeman Date: ____ _ FY 2022/2023 Subrecipient Grant Agreement -ARPA Household Efforts Page 11 Judith Heilman, Exec Dir 09/29/2021