HomeMy WebLinkAbout21- Grant Agreement - Family Promise Early Childhood Learning CenterFY 2022 Grant Agreement – Family Promise Early Childhood Learning Center Page 1
CITY OF BOZEMAN GRANT AGREEMENT
Family Promise Early Childhood Learning Center
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and between
the City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its
Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman MT
59771 (“City”) as GRANTOR and Family Promise of Gallatin Valley, a non-profit entity located at
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, Family Promise submitted a proposal to the City Commission for a grant of $35,000
for water and sewer infrastructure support at the Early Childhood Learning Center, located at
1603 Tschache Lane, Bozeman, Montana that would benefit from the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for a
public purpose benefitting the community by increasing childcare facilities and services in
Bozeman; and
WHEREAS, on June 22, 2021, the Commission appropriated $150,000 of direct American Rescue
Plan Act dollars for support of water and sewer infrastructure that expands the supply of
childcare facilities in Bozeman.
THE PARTIES AGREE:
1.The Grant. The City will grant and release to GRANTEE a sum of up to thirty-five
thousand dollars ($35,000) from its American Rescue Plan 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-five thousand dollars
($35,000) will be used by GRANTEE for the sole purpose of paying water and
wastewater (sewer) impact fees as described in the proposal submitted by Grantee to
the City Commission, attached hereto as Exhibit A and by this reference incorporated
herein.
5th October 21
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FY 2022 Grant Agreement – Family Promise Early Childhood Learning Center Page 2
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 American Rescue Plan Act 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
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 Early Childhood Learning Center
project.
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,
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FY 2022 Grant Agreement – Family Promise Early Childhood Learning Center Page 3
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,
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 Early Childhood Learning Center.
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.
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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
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 Jill Yoder, Family Promise Development and Volunteer
Manager, 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
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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
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;
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FY 2022 Grant Agreement – Family Promise Early Childhood Learning Center Page 6
• 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
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
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FY 2022 Grant Agreement – Family Promise Early Childhood Learning Center Page 7
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.
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.
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FY 2022 Grant Agreement – Family Promise Early Childhood Learning Center Page 8
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.
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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager
City of Bozeman
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10/7/2021
FY 2022 Grant Agreement – Family Promise Early Childhood Learning Center Page 9
_______________________ Date: __________
Print name and Title:___________________________
GRANTEE
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
DocuSign Envelope ID: 707F1929-7CD4-410A-BD8D-976E824AB604
10/6/2021
Executive DirectorChristel Chvilicek
10/6/2021
FY 2022 Grant Agreement – Family Promise Early Childhood Learning
Center Exhibit A
Exhibit A
Grant Proposal
DocuSign Envelope ID: 707F1929-7CD4-410A-BD8D-976E824AB604
Dear City of Bozeman, September 16, 2021 Family Promise of Gallatin Valley is requesting grant funding in the amount of $35,000 for water
and sewer infrastructure (impact fees) support at our newly constructed Early Childhood Learning
Center, located at 1603 Tschache Lane in Bozeman, Montana. Please reference the formal grant application for specific agreements and requirements.
Many thanks, Jill Yoder Development Manager
Family Promise of Gallatin Valley
jyoder@familypromisegv.org
PO Box 475 Bozeman, MT, 59771
Phone: 406-582-7388 www.familypromisegv.org
DocuSign Envelope ID: 707F1929-7CD4-410A-BD8D-976E824AB604
DocuSign Envelope ID: 707F1929-7CD4-410A-BD8D-976E824AB604
CAPITAL CAMPAIGN
DocuSign Envelope ID: 707F1929-7CD4-410A-BD8D-976E824AB604
7/28/2021 Click2Gov Building Permit - Application Fees
https://bozn-egov.aspgov.com/Click2GovBP/collectfees.html?OWASP_CSRFTOKEN=8H5Z-L2OO-58HU-MS4A-2BOY-UNYL-NBXJ-X1B2&viewAppFees=true 1/3
Application Fees Due
FEES DUE (but not currently payable online)
Fees payable online
Parcel ID:99-0000-00-0-00-00-3150
Address:1603 TSCHACHE LN
Application Date:10/07/20
Owner:FAMILY PROMISE/GALLATIN VALLEY
Application Number:20 - 30319
Application Type:COMM OFFICES, BANKS, PROF.BLDGS
Total:$76,165.12
Pay All Fees
DEFERRED
SUBMITTAL FEE DEFERRED SUBMITTAL FEE $125.00 $0.00
Total $125.00 $0.00
Fee Description ↑↓Permit/Inspection
Description ↑↓Amount
Charged ↑↓Amt
Due ↑↓
Showing 1 to 1 of 1 entries
$76,165.12
PLAN CHECK
FEES
BUILDING PERMIT
BUSINESS (000-
000/BDBS-00)
$1,933.28 $0.00 -
PLAN CHECK
FEES
ELEC PERMIT COMM
(000-000/ELCM-00)$1,040.81 $0.00 -
PLAN CHECK
FEES
MECHANICAL PERMIT
FEE COMM (000-
000/MECH-00)
$826.31 $0.00 -
PLAN CHECK
FEES
PLUMBING PERMIT
COMM (000-
000/PLMB-00)
$415.19 $0.00 -
PLAN CHECK
FEES
BUILDING PERMIT
EDUCATIONAL (000-
000/BDED-00)
$2,313.82 $0.00 -
PERMIT FEES
BUILDING PERMIT
BUSINESS (000-
000/BDBS-00)
$2,088.00 $0.00 -
Total $136,303.24 $76,165.12
Fee
Description ↑↓Permit/Inspection
Description ↑↓Amount
Charged ↑↓Amt
Due ↑↓Pay
DocuSign Envelope ID: 707F1929-7CD4-410A-BD8D-976E824AB604
7/28/2021 Click2Gov Building Permit - Application Fees
https://bozn-egov.aspgov.com/Click2GovBP/collectfees.html?OWASP_CSRFTOKEN=8H5Z-L2OO-58HU-MS4A-2BOY-UNYL-NBXJ-X1B2&viewAppFees=true 2/3
Pay Now
$76,165.12
PERMIT FEES ELEC PERMIT COMM
(000-000/ELCM-00)$1,601.25 $0.00 -
PERMIT FEES
MECHANICAL PERMIT
FEE COMM (000-
000/MECH-00)
$1,271.25 $0.00 -
PERMIT FEES
PLUMBING PERMIT
COMM (000-
000/PLMB-00)
$638.75 $0.00 -
PERMIT FEES
BUILDING PERMIT
EDUCATIONAL (000-
000/BDED-00)
$2,499.00 $0.00 -
PERMIT FEES
FIRE SPRINKLER
SYSTEMS (000-
000/FIRE-00)
$339.00 $0.00 -
PERMIT FEES FIRE ALARM SYSTEMS
(000-000/ALRM-00)$254.50 $0.00 -
PLAN CHECK
FOR REVISIONS
PLAN CHECK FOR
REVISIONS $300.00 $0.00 -
SEWER FEE SEWER FEE $21.00 $0.00 -
WATER &
SEWER
INSPECTION
WATER & SEWER
INSPECTION $100.00 $0.00 -
WATER METER WATER METER $867.80 $0.00 -
FIRE IMPACT
FEE FIRE IMPACT FEE $8,428.90 $0.00 -
STREET
IMPACT-GEN STREET IMPACT-GEN $76,165.12 $76,165.12
SEWER IMPACT
FEE SEWER IMPACT FEE $13,192.26 $0.00 -
WATER IMPACT
FEE WATER IMPACT FEE $21,887.00 $0.00 -
PLANNING REV:
COMMERC/IND
PLANNING REV:
COMMERC/IND $120.00 $0.00 -
Total $136,303.24 $76,165.12
Fee
Description ↑↓Permit/Inspection
Description ↑↓Amount
Charged ↑↓Amt
Due ↑↓Pay
Showing 1 to 21 of 21 entries
Total: Sewer Impact Fees $13,192.26
Water Impact Fees $21,887.00
Total: $35,079.26
DocuSign Envelope ID: 707F1929-7CD4-410A-BD8D-976E824AB604