HomeMy WebLinkAbout22- Grant Agreement - Bozeman Bike KitchenV 9 7 22
FY 2023 Grant Agreement – Bozeman Bike Kitchen Page 1
CITY OF BOZEMAN GRANT AGREEMENT
Bozeman Bike Kitchen
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 Bozeman Bike Kitchen, a non-profit
organization located at 2104 Industrial Drive, Bozeman, Montana 59715as 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, Bozeman Bike Kitchen submitted a proposal to the City Commission for a grant of
$3,000.00 for the purchase of light sets, locks, and helmets in support of programs providing
bikes free of charge to community members of Bozeman (the “Project”) 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 improving mobility options through enhancing
non-motorized transportation as detailed in the City of Bozeman’s Strategic Plan (4.5.a.) by
supporting programs that provide free access to non-motorized transportation; and
WHEREAS, on June 28, 2022, the Commission appropriated $3,000.00 for the Project.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to three thousand
dollars ($3,000.00) 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 three thousand dollars
($3,000.00) will be used by GRANTEE for the sole purpose of purchasing of light sets,
locks, and helmets in support of programs providing bikes free of charge to community
members of Bozeman as described in the proposal submitted by GRANTEE to the City
Commission, attached hereto as Exhibit A and by this reference incorporated herein.
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FY 2023 Grant Agreement – Bozeman Bike Kitchen Page 2
3. Payment of Grant Funds
a. GRANTEE may request the Grant funds during the fiscal year ending 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.
b. Unless otherwise approved by the Director of Finance, any funds from the Grant
not awarded during the fiscal year ending June 30, 2023 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 sole 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 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,
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
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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
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 Project.
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.
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10. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be the City’s Finance Director, Melissa Hodnett, or such other
individual as City may designate in writing. Whenever approval or authorization
from or communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representative and
approvals or authorizations will 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 Art Schwaller or such other individual as GRANTEE
designates in writing. Whenever direction to or communication with GRANTEE
is required by this Agreement, such direction or communication must 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.
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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;
• 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 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, Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
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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.
In addition, 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 GRANTEE has been found liable for or guilty of within
30 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. 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.
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
15. Dispute Resolution
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of
this Agreement.
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16. 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.
17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
19. Non-Waiver. A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event of
any subsequent default or breach.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
22. 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:
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10/25/2022
Shop ManagerArt Schwaller
10/25/2022
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_______________________ Date: __________
Greg Sullivan, City Attorney City of Bozeman
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FY 2023 Grant Agreement – Bozeman Bike Kitchen Exhibit A
Exhibit A
Grant Proposal Grant Project Overview: Bozeman Bike Kitchen’s request is for funding its core, programmatic purpose of providing bikes free of charge to the Bozeman community.
Specifically, Bozeman Bike Kitchen requested $3,000.00 for the purchase of light sets, locks,
and helmets in support of programs providing bikes free of charge to community members of Bozeman. City Commission Award: On June 28, 2022, the Bozeman City Commission approved the
grant award in the amount of $3,000.00. This grant award must be used for the purchase of
light sets, locks, and helmets. Grant Term: July 1, 2022 – June 30, 2023 (fiscal year 2023).
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Rachel Harlow-Schalk
From:Julie Hunter
Sent:Friday, March 18, 2022 8:41 AM
To:Rachel Harlow-Schalk; Jeff Mihelich
Subject:FW: *NEW SUBMISSION* - Outside Entity Budget Requests - BOZEMAN BIKE KITCHEN
Budget request from Bozeman Bike Kitchen.
From: webadmin@bozeman.net <webadmin@bozeman.net>
Sent: Friday, March 18, 2022 7:21 AM
To: Julie Hunter <JHunter@BOZEMAN.NET>
Subject: *NEW SUBMISSION* ‐ Outside Entity Budget Requests
A new entry to a form/survey has been submitted.
Form Name: Outside Entity Budget Requests
Date & Time: 03/18/2022 7:20 AM
Response #: 15
Submitter ID: 49577
IP address: 208.83.44.53
Time to complete: 22 min. , 42 sec.
Survey Details
Page 1
1. Entity Name
Bozeman Bike Kitchen
2. Entity's Physical Address
Street Address 2104 Industrial Dr
Unit # Not answered
City Bozeman
Postal/Zip Code 59715
State Montana
3. Number of Years of Operation as a Non‐Profit Organization
15
4. Link to Most Recent Annual Financial Report
https://drive.google.com/drive/u/3/folders/1pfpNRHYlFvAhyIg_mjDw8SKA85iH4u7Y
5. Dollar Amount Requested for the Fiscal Year
3000
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6. Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit
Request is in support of our programs to provide free Community and kids' bikes. Specifically, we annually spend $1500 on
light sets, $1000 on locks, and $1000 on helmets in support of these programs. Non‐motorized transportation is part of the
Strategic Plan, and our mission is to make it attainable for all. We partner with other local agencies to provide bikes to those
in need. Note that we have received funding in years past for lights, etc., through city connections and the BABAB.
7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three)
#1 Name Noon Rotary
Amount $ 500 (provided for helmets 2021)
#2 Name Madison Engineering
Amount $ 600 (rent assistance)
#3 Name Give Big
Amount $ 4000 (general expenses)
8. Contact Information for Entity
First Name Art
Last Name Schwaller
Phone Number (406) 548‐2926
Email Address art@bozemanbikekitchen.org
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
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