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09-26-23
A.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Authorize Absence D.1 Authorize the Absence of Commissioner I-Ho Pomeroy (Maas) E.FYI F.Commission Disclosures G.Approval of Minutes G.1 Approve the Regular Meeting Minutes from: March 21, 2023 March 28, 2023 April 4, 2023(Maas) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, September 26, 2023 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. 1 H.Consent H.1 Accounts Payable Claims Review and Approval (Waters) H.2 Approval of Depository Bonds and Pledged Securities as of June 30, 2023 (Hodnett) H.3 Authorize the City Manager to Sign the Non-Profit Grant Agreements Adopted in the Fiscal Year 2024 Budget on July 11, 2023(Hodnett) H.4 Authorize the City Manager to Sign a Notice of Award and Contract Documents for the 2023 N 19th Shared Use Path Improvements to K2 Ventures, Inc., for the Purpose of Constructing Missing Sections of Shared Use Pathway Along North 19th Avenue(Gamradt) H.5 Authorize the City Manager to Sign a Construction Agreement with DS Jr. Trucking Inc. to Relocate Slash Piles at the Upper Helicopter Landing on City Property in Sourdough Canyon(Heaston) H.6 Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with Advantage Spraying Services, Inc. for Snow Removal Services in the Parks and Trails District(Kline) H.7 Resolution 5536 Authorizing Change Order 2 with Treasure State Inc. for the Cottonwood Road Oak to Baxter Project(Murray) H.8 Resolution 5530 Intent to Modify Special Improvement Lighting District 766 for Intent to Modify Northwest Crossing Phases 1 and 2(Hodnett) H.9 Ordinance 2152 Final Adoption of Commission Monthly Compensation (Mihelich) I.Consent II I.1 Authorize the City Manager to Sign a Grant Agreement with Bridgercare to Support Integrated Behavioral Healthcare Services and LGBTQ+ Training Programs(Hodnett) J.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. K.Action Items K.1 Resolution 5525 Creation of Special Improvement Lighting District 780, Canyon Gate Subdivision(Hodnett) K.2 Resolution 5513 Annual Lighting Assessments for Fiscal Year 2024 (Hodnett) 2 K.3 Resolution 5514 Annual Assessment for Business Improvement District (BID) for Fiscal Year 2024(Hodnett) K.4 Resolution 5515 Delinquent Water, Sewer, Stormwater, Garbage and Recycling Charges(Hodnett) K.5 Resolution 5516 Levy and Assess Delinquent Snow Removal Charges (Hodnett) L.Appointments L.1 Appointments to the Gallatin Valley Urban Transit District Board (Maas) M.FYI / Discussion N.Adjournment City Commission meetings are open to all members of the public. If you have a disability and require assistance, please contact the City for ADA coordination, 406.582.2306 (TDD 406.582.2301). Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Authorize the Absence of Commissioner I-Ho Pomeroy MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:I move to authorize the absence of Commissioner I-Ho Pomeroy. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Commissioner I-Ho Pomeroy informed City Manager Mihelich and Mayor Andrus that she would not be in attendance. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: August 15, 2022 4 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Approve the Regular Meeting Minutes from: March 21, 2023 March 28, 2023 April 4, 2023 MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None 5 Attachments: 03-21-23 City Commission Meeting Minutes.pdf 03-28-23 City Commission Meeting Minutes.pdf 04-04-23 City Commission Meeting Minutes.pdf Report compiled on: September 6, 2023 6 Bozeman City Commission Meeting Minutes, March 21, 2023 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES March 21, 2023 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Excused: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:07:06 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:08:09 Pledge of Allegiance and a Moment of Silence C) 00:08:58 Changes to the Agenda • CM Mihelich noted that we will move item J.2 to April 11. D) Public Service Announcements E) 00:09:22 FYI • CM Mihelich introduced Assistant City Manager Kira Peters F) 00:11:21 Commission Disclosures • There were no disclosures. 7 Bozeman City Commission Meeting Minutes, March 21, 2023 Page 2 of 12 G) 00:11:28 Consent G.1 Accounts Payable Claims Review and Approval G.2 Notice of Intent to Apply for Transportation Alternatives Program Funding G.3 Authorize the City Manager to Sign a Notice of Award with Blanton Contracting, LLC for the Aspen Street Pedestrian Bridge Notice of Award Aspen Street Ped Bridge v2.pdf Bid_Sheet_-_Aspen_Street_Bridge_Bid_2.xlsx.pdf G.4 Approve the Final Plat for the Bozeman Gateway Subdivision P.U.D. Phase 5 Final Plat and Authorize the Transportation and Engineering Director to Execute the Same on Behalf of the City and Authorize the Director of Community Development to Execute the Improvements Agreement on Behalf of the City, Application 22145 (Quasi-Judicial) 22145 BZN Gateway Ph 5 FP CC Memo.pdf G.5 Authorize the City Manager to Sign a Memorandum of Understanding with Bozeman Sunrise Rotary for Glen Lake Rotary Park Exhibit_A_2018-FWP-CoB_Management_Agreement-GLRP.pdf 2023_MOU_BSRC.docx ExhibitB_Resolution4812_EGRA-GLRP-ParkMasterPlan.pdf ExhibitC_Resolution5146_GLRP-ParkMasterPlanNarrative G.6 Authorize the City Manager to Sign a Memorandum of Understanding with the USDA Forest Service Custer Gallatin National Forest for Bozeman Municipal Watershed Activities 23MU0111023 Bozeman Municipal Watershed Final Draft Agreement For Signatures.pdf G.7 Authorize the City Manager to Sign a Professional Service Agreement with Summit Utility Services LLC to Provide Utility Locating Services 23 Professional Service Agreement - Summit Utility Services LLC - Underground Utilities Locating Services.docx 23 Proposal - Summit Utility Services LLC - Underground Utility Locate Services.pdf G.8 Authorize the City Manager to Sign a Professional Service Agreement with Vertex Electric To Remove Electrical Boxes from Lift Station Wet Wells Contract Agreement for Lift Station Air Gap.docx Proposal and Quote for Bridger Lift Station Air Gap Installation.pdf Proposal and Quote for Burrup Lift Station Air Gap Installation.pdf Proposal and Quote for Loyal Gardens Lift Station Air Gap Installation.pdf Proposal and Quote for Baxter Meadows Lift Station Air Gap Installation.pdf G.9 Authorize the City Manager to Sign a Professional Services Agreement with HDR Engineering for the Bozeman Water Treatment Plant Power Quality Study 8 Bozeman City Commission Meeting Minutes, March 21, 2023 Page 3 of 12 Professional Services Agreement with HDR for WTP Power Quality Transient Study.pdf G.10 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement for the Materials Testing Term Contract with Morrison-Maierle, Inc. for the Purpose of Obtaining Materials Testing on Various City Projects for the 2023 Construction Season PSA Amendment No 1.docx 2023 Standard Rates - Summary Schedule.pdf 22- Professional Services Agreement - Morrison Maierle - Materials Testing.pdf G.11 Authorize the City Manager Sign an Amendment 1 to Grant Agreement ACT-21- 011C between the City and Montana Department of Natural Resources and Conservation Please_DocuSign_DNRC_Agreement_ACT-21-011C_Am.pdf G.12 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with KLJ Engineering for Engineering Services Related to the Aspen Street Pedestrian Bridge and Sidewalk 23- Amendment to PSA with KLJ for Aspen Street Ped Bridge with exhibit.pdf G.13 Authorize the City Manager to Sign an Avolve ProjectDox ePlan Software Phase 2 Implementation Agreement Quote & SOW - More Workflows & OAS Forms - Bozeman MT 2023-02-27.pdf G.14 Authorize City Manager to Sign a Professional Services Agreement with Jackson Contractor Group for Swim Center Renovation GC/CM Services PSA - Swim Center GCCM - Jackson Contractor Group.pdf G.15 Resolution 5483, Financing of a Master Lease Purchase Agreement between Lease servicing Center, INC DBA NCL Government Capital and the City of Bozeman Resolution for Elgin Sweeper Lease Lease Agreement and Exhibits G.16 Resolution 5484, Declaring the Westgate Village Signs at 1003-1011 West College Street, Bozeman, MT as Historically or Culturally Significant, Application 22302 Resolution 5484 Westgate Village Sign Significance.pdf G.17 Ordinance 2130 Final Adoption, South 40 Zone Map Amendment to Rezone a Parcel from R-2 (Residential Moderate Density) and R-1 (Residential Low Density) to REMU (Residential Emphasis Mixed Use) on 41.38 Acres, Application 22279, Property Located at the Southeast Corner of South 19th Avenue and West Graf Street 22279 South 40 ZMA Ordinance 2130.pdf 5659011-ZONE- Map 080422.pdf 9 Bozeman City Commission Meeting Minutes, March 21, 2023 Page 4 of 12 G.18 Ordinance 2133 Provisional Adoption, 1200 East Main Zone Map Amendment to Rezone a Parcel from B-2 (Community Business District) to B-2M (Community Business District-Mixed) on 1.5 Acres, Application 22184, a Property Addressed at 1200 East Main Street 22184 1200 East Main ZMA Ordinance 2133.pdf 001_ZMA_Exhibit.pdf 00:11:32 City Manager Introduction CM Mihelich provided highlights of the Consent Agenda. 00:11:58 Public Comment There were no comments on the Consent Agenda. 00:12:32 Motion to approve Consent Items 1 - 18 as submitted. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 00:12:42 Vote on the Motion to approve Consent Items 1 - 18 as submitted. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:12:52 Public Comment Mayor Andrus opened general public comments. 00:13:45 Janay Johnson, Public Comment Janay Johnson, Executive Director of the Bozeman Public Library Foundation, commented on fundraising efforts in support of the library, the Bozeman Community Center, and announced a $3 million grant from the Candida Fund. 10 Bozeman City Commission Meeting Minutes, March 21, 2023 Page 5 of 12 00:16:16 Magee Harrison, Public Comment Magee Harrison commented on the Fowler Avenue Extension. 00:19:08 Marcia Kaveney, Public Comment Marcia Kaveney commented in opposition to the Shady Glen project. I) 00:22:53 Action Items I.1 00:22:58 Decision on Public Hearing on Protests for Special Improvement District (SID) 778 and Adoption of Resolution 5465 to Create SID 778 for the Purpose of Undertaking Certain Local Improvements to Bogert Place between South Church Avenue and East Story Street and Financing the Costs Thereof, continued from March 7, 2023 RES 5465.docx Kinsey SID 778 Protest.pdf RES_5464.pdf 00:23:12 Staff Presentation Engineer Kellen Gamradt presented the Resolution to create Special Improvement District (SID) 778, the proposed project plan, estimated costs, the methods of payment for the project, the requirements of an SID, the calculated assessments, a summary of the protest received, and the staff recommendation. 00:25:50 Questions of Staff 00:30:38 Public Comment There were no public comments on this item. 00:31:05 Motion to adopt After incorporating the information and findings in the staff memorandum, oral findings made by the Commission during the public hearing, information and findings contained in the proposed resolution, and after considering public comment and hearing all protests and finding them to be insufficient under law to bar further proceedings, I hereby move to adopt Resolution 5465 creating Special Improvement District No. 778 for the purpose of financing local improvements to Bogert Place between South Church Avenue and East Story Street Christopher Coburn: Motion Terry Cunningham: 2nd 11 Bozeman City Commission Meeting Minutes, March 21, 2023 Page 6 of 12 00:31:37 Discussion 00:37:08 Vote on the Motion to adopt After incorporating the information and findings in the staff memorandum, oral findings made by the Commission during the public hearing, information and findings contained in the proposed resolution, and after considering public comment and hearing all protests and finding them to be insufficient under law to bar further proceedings, I hereby move to adopt Resolution 5465 creating Special Improvement District No. 778 for the purpose of financing local improvements to Bogert Place between South Church Avenue and East Story Street The Motion carried 4 - 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Jennifer Madgic I.2 00:37:19 Preliminary Planned Unit Development (PUDP) for the Shady Glen PUDP, Birdie Drive and Commercial Drive, Application 22293 (Quasi-Judicial) Staff Report to City Commission for Shady Glen PUDP 22293.pdf 00:38:41 Staff Presentation Planner Lynn Hyde presented the Planned Unit Development (PUD) application, entered the application, staff report, and review materials into the record, presented the property, the project vicinity, the proposed lots, the PUD review criteria, PUD relaxations, a summary of public comments received to date, and the recommendations. 00:50:23 Questions of Staff 01:44:30 Applicant Presentation Mike Hickman, Morrison-Maierle, Andy Willett, legal representation, & Lynn Bacon, wetland consultant, presented on behalf of the development, proposed affordable housing, access proposal, on the wildlife refuge, the wetlands on site, trail connectivity, the dual-use secondary access, the reason for the PUD, the PUD points, and a summary of the project. 12 Bozeman City Commission Meeting Minutes, March 21, 2023 Page 7 of 12 01:58:07 Questions of Applicant 02:31:02 Recess Mayor Andrus called the meeting into recess. 02:36:56 Call to Order Mayor Andrus called the meeting back to order. 02:36:57 Public Comment Mayor Andrus opened this item for public comments. 02:37:33 Jim Gingery, Public Comment Jim Gingery, President of Gallatin Association of Realtors, commented in support. 02:38:53 Emily Talago, Public Comment Emily Talago commented on the project. 02:41:45 Bart Manion, Public Comment Bart Manion commented in support of the project. 02:44:29 Diana Sauther, Public Comment Diana Sauther commented in opposition to the project. 02:47:15 Jenileigh McKeon, Public Comment Jenileigh McKeon commented in opposition to the project. 02:49:37 Katie Dolen, Public Comment Katie Dolen commented in opposition to the project. 02:52:39 Nikki Naiser, Public Comment Nikki Naiser commented in opposition to the project. 02:54:30 Brian Dolen, Public Comment Brian Dolen commented in opposition to the project. 02:57:45 Janet Winnie, Public Comment Janet Winnie commented in opposition to the project. 13 Bozeman City Commission Meeting Minutes, March 21, 2023 Page 8 of 12 03:01:08 Sherry Staub, Public Comment Sherry Staub commented in opposition to the project. 03:02:52 Marilee Brown, Public Comment Marilee Brown, Executive Director of Safer Bozeman, commented in opposition to the project. 03:04:58 Staff Response to Public Comments 03:05:44 Applicant Response to Public Comments 03:07:06 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22293 and move to approve the Shady Glen PUDP, with contingencies required to complete the application processing. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:07:28 Discussion 03:34:55 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22293 and move to approve the Shady Glen PUDP, with contingencies required to complete the application processing. The Motion failed 0 - 5. Approve: None Disapprove: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn I.3 03:35:07 Preliminary Plat for the Shady Glen Major Subdivision, Birdie Drive and Commercial Drive, Application 22294 (Quasi-Judicial) Staff Report to City Commission for Shady Glen PP 22294.pdf 14 Bozeman City Commission Meeting Minutes, March 21, 2023 Page 9 of 12 03:35:40 Clarification of City Attorney 03:36:24 Staff Presentation Planner Hyde entered the staff report, application materials, and public comment into the record; presented the plat application, a summary of the project, and the recommendations. 03:38:05 Questions of Staff 03:38:13 Applicant 03:38:30 Public Comment 03:38:56 Motion to deny Having reviewed and considered the application materials, public comment, and all the information presented, I move to deny application 22294 and find that the application no longer meets zoning requirements as a result of the Commission’s denial of preliminary PUD Application number 22293. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 03:39:21 Discussion 03:41:11 Vote on the Motion to deny Having reviewed and considered the application materials, public comment, and all the information presented, I move to deny application 22294 and find that the application no longer meets zoning requirements as a result of the Commission’s denial of preliminary PUD Application number 22293. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 15 Bozeman City Commission Meeting Minutes, March 21, 2023 Page 10 of 12 J) 03:41:24 Work Session J.1 03:41:28 Bozeman Community Center Concept Design Discussion 03:41:58 Staff Presentation CM Mihelich provided an overview of the project and the process to this point. Strategic Services Director Jon Henderson presented public engagement efforts, partner groups outreach, a summary of survey results, examples of shared spaces and list of potential services; 04:02:00 Meeting Extended Mayor Andrus extended the meeting until 10:30 p.m. 04:02:07 Staff Presentation continued Library Director Susan Gregory presented survey results for the Library, right sizing the facility, and a list of amenities and programs. Parks & Recreation Director Mitch Overton presented survey results for recreation and aquatics, a list of aquatics amenities and programs, a list of recreation amenities and programs, and fitness options and accompanying poll. Director Henderson provided an overview of the options presented, enhanced sustainability, and cost comparisons. CM Mihelich presented the next steps & overall timeline. 04:30:04 Questions of Staff & Commission Discussion 04:32:38 Meeting Extended Mayor Andrus extended the meeting until 11:00 p.m. 04:32:59 Discussion 04:58:55 Public Comment 04:59:05 Nicole Olson, Public Comment Nicole Olson commented on the project. 05:01:45 Isaac Olson, Public Comment Isaac Olson commented on the project. 05:03:33 Commission Direction 16 Bozeman City Commission Meeting Minutes, March 21, 2023 Page 11 of 12 05:03:57 Meeting Extended Mayor Andrus extended the meeting until 11:15 p.m. 05:04:06 Commission Direction continued J.2 UDC Project - Review and Advise Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Potential Changes to Standards Relating to Levels of Service and Traffic Studies, Application 21381 3-21-2023 Work Session cover memo .pdf Page 46 TMP.pdf Fig 2.13 TMP.pdf Fig 3.2 TMP.pdf Sec._38.220.060.___Documentation_of_compliance_with_adopted_standards.. pdf K) 05:15:50 FYI / Discussion L) 05:15:54 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 26, 2023 17 Bozeman City Commission Meeting Minutes, March 21, 2023 Page 12 of 12 18 Bozeman City Commission Meeting Minutes, March 28, 2023 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES March 28, 2023 Present: Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Excused: Cyndy Andrus Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:05:29 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:06:50 Pledge of Allegiance and a Moment of Silence C) 00:07:32 Changes to the Agenda D) Authorize Absence D.1 00:07:54 Authorize the Absence of Mayor Andrus 00:08:04 Motion to authorize the Absence of Mayor Andrus Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:08:12 Vote on the Motion to authorize the Absence of Mayor Andrus The Motion carried 4 - 0. 19 Bozeman City Commission Meeting Minutes, March 28, 2023 Page 2 of 10 Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None E) 00:08:25 FYI • DM Cunningham provided an update on legislation that the City is active on during the Legislative Session in Helena. • CM Mihelich acknowledged the City's snow plow drivers' fantastic job. F) 00:11:46 Commission Disclosures • Cr. Pomeroy disclosed a discussion she had related to Cloverleaf with a member of the public. • Cr. Madgic disclosed discussions she has had with members of the Northeast Neighborhood and the applicant team. G) 00:12:30 Consent G.1 Accounts Payable Claims Review and Approval G.2 Approve the Findings of Fact and Record of Decision for the Ferguson Farms II Preliminary Planned Unit Development (P-PUD), Application 19028 (Quasi- Judicial) 19028 FF II P PUD FOF staff rpt 03 14 23.pdf G.3 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation from the Bozeman Public Library Foundation for Furniture and Shelving for Phase 1 of the Bozeman Public Library Renovation Project Bozeman Public Library Expansion Project - Furniture Acceptance - Letter of Agreement - Phase 1.pdf Exhibit A - Itemized List of Furniture and Shelving.pdf G.4 Authorize the City Manager to Sign a Guaranteed Maximum Price Amendment No. 2 to the Construction Contract for the Fire Station #2 Relocation Project Bozeman Fire Station #2 - Guaranteed Maximum Price Amendment No. 2.pdf Bozeman Fire Station #2 - Final Cost Estimate.pdf Bozeman Fire Station #2 - Schedule.pdf 20 Bozeman City Commission Meeting Minutes, March 28, 2023 Page 3 of 10 G.5 Authorize the City Manager to Sign an Agreement for a WaterPlus Cloud Software License with Flowpoint Environmental Systems for a Water Fill Station 230320 WaterPlus Cloud LITE Bozeman MT - final.pdf Cloud Services Questionnaire - Exhibit B.docx G.6 Authorize the City Manager to Sign an Amendment 1 to the Memorandum of Understanding Between the City and Montana State University for the Modern Treatment Wetland Technology Pilot Project at the Bozeman Water Reclamation Facility Amendment 1 to Wetland Pilot MOU w MSU 8-March-23.pdf 21- Memorandum of Understanding - MSU to Complete Pilot Project Moder Treatment Wetland Tech.pdf G.7 Ordinance 2129 Provisional Adoption, and Resolution 5462, Adoption of Annexation, Regarding the 1001 Thomas Drive Annexation to Annex 15.115 acres and Adjacent Right-of-Way and Amending the City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed Use) at 1001 Thomas Drive, Application 22067 22067 1001 Thomas Annex Resolution 5462.pdf 010 Thomas Drive Annexation Exhibit.pdf 22067 1001 Thomas ZMA Ordinance 2129.pdf 011 Thomas Drive Annexation Initial ZMA Exhibit.pdf 22067 1001 Thomas Drive Annex Agreement.pdf 00:12:37 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:13:43 Public Comment There were no comments on the Consent Agenda for public comments. 00:14:27 Motion to approve Consent Items 1 - 7 as submitted. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 00:14:38 Vote on the Motion to approve Consent Items 1 - 7 as submitted. The Motion carried 4 - 0. Approve: Terry Cunningham 21 Bozeman City Commission Meeting Minutes, March 28, 2023 Page 4 of 10 I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:14:48 Public Comment There were no general public comments. I) 00:16:08 Action Items I.1 00:16:13 Reconsideration of a Prior Commission Decision Regarding the Cloverleaf Zone Map Amendment Requesting Amendment of the City Zoning Map for a City Block Bounded by East Cottonwood Street, Ida Avenue, East Peach Street, and Plum Avenue Consisting of Approximately 3.1995 Acres Including the Adjacent Rights-of-way from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business District Mixed), Application 22218 00:16:24 Clarification of Staff 00:20:36 Staff Presentation Senior Planner Tom Rogers entered the staff report, submittal, public comment, and all discussion on November 1, and November 22, 2023 into the record. He presented the subject property, context of the application, and the process to this point in time. 00:25:14 Questions of Staff 00:45:24 Applicant Presentation Eric Ladd and Mike Magrans, Outlaw Partners, presented the application, the existing conditions on site, alignment with the Community Plan, current and planned zoning, alignment with the 2017 R/UDAT plan, NEHMU Zoning Concepts, the design intent, and timeline. 00:57:00 Questions of Applicant 01:11:34 Public Comment DM Cunningham opened this item for public comments. 01:12:26 Amy Kelley Hoitsma, Public Comment 22 Bozeman City Commission Meeting Minutes, March 28, 2023 Page 5 of 10 Amy Kelley Hoitsma commented in opposition to the project. 01:16:07 Colleen Keller, Public Comment Colleen Keller commented in opposition to the project. 01:18:03 Chandler Dayton, Public Comment Chandler Dayton commented in opposition to the project. 01:21:19 Lowell Springer, Public Comment Lowell Springer commented in opposition to the project. 01:23:58 Emily Talago, Public Comment Emily Talago commented on the project. 01:27:26 Response to Public Comments 01:28:54 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22218 and move to approve the Cloverleaf Zone Map Amendment, with contingencies required to complete the application processing. Christopher Coburn: Motion Jennifer Madgic: 2nd 01:29:12 Discussion 01:52:46 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22218 and move to approve the Cloverleaf Zone Map Amendment, with contingencies required to complete the application processing. The Motion failed 2 - 2. Approve: Terry Cunningham I-Ho Pomeroy Disapprove: Jennifer Madgic 23 Bozeman City Commission Meeting Minutes, March 28, 2023 Page 6 of 10 Christopher Coburn 01:52:55 Clarification of Process 01:58:37 Motion to continue application 22218 to April 11th. Christopher Coburn: Motion Jennifer Madgic: 2nd 01:58:55 Vote on the Motion to continue application 22218 to April 11th. The Motion carried 4 - 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 01:59:28 Public Hearing and Decision for Commercial Certificate of Appropriateness Application with two deviation requests to allow for two signs at Westgate Village Shopping Center, 1003-1011 West College Street, application 23018 (Quasi-judicial) 23018 Staff Report.pdf 01:59:50 Staff Presentation Associate Planner Sarah Rosenberg presented the application, entered the staff report into the record, an overview of the project, history of the site, deviation requests and review criteria, no public comments have been received, and the recommendations. 02:06:36 Questions of Staff 02:13:38 Applicant Presentation Seth Cooper presented the application and request for deviation. 02:23:24 Questions of Applicant 24 Bozeman City Commission Meeting Minutes, March 28, 2023 Page 7 of 10 02:24:07 Public Comments There were no public comments on this item. 02:24:48 Motion to approve Having reviewed and considered the application materials, public comment, and all other information presented, I hereby find application 23018 meets the criteria required for approval and move to approve the Westgate Village CCOA application with two deviation requests from the Bozeman Municipal Code; the first from 38.560.030 to allow for a roof sign that is not permitted under the sign code and; the second from 38.560.060, to allow for a pole sign that is not permitted in the B-1 zone district. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 02:25:44 Discussion 02:32:06 Vote on the Motion to approve Having reviewed and considered the application materials, public comment, and all other information presented, I hereby find application 23018 meets the criteria required for approval and move to approve the Westgate Village CCOA application with two deviation requests from the Bozeman Municipal Code; the first from 38.560.030 to allow for a roof sign that is not permitted under the sign code and; the second from 38.560.060, to allow for a pole sign that is not permitted in the B-1 zone district. The Motion carried 4 - 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:32:20 Recess DM Cunningham called the meeting into recess. 02:38:34 Call to Order DM Cunningham called the meeting back to order. 25 Bozeman City Commission Meeting Minutes, March 28, 2023 Page 8 of 10 J) 02:38:42 Work Session J.1 Speed Limits in the Bozeman SAFE Plan 02:39:48 Staff Presentation Transportation and Engineering Director, Nicholas Ross, presented the work session on setting safe speed limits, presented the discussion questions, why vehicle speed is important, existing conditions, authority to set speed limits, methods of setting speed limits, safe speeds for Bozeman, fiscal effects and schedule, next steps, and returned to the discussion questions. 03:06:38 Questions of Staff and Discussion 03:28:17 Public Comments There were no comments on this item. 03:28:49 Discussion 03:39:14 City Manager Summary of Direction K) 03:39:54 Appointments K.1 03:40:06 Appointment to the Economic Vitality Board 01-12-23 - CAB Applications - William Shepherd.pdf 03:40:40 Motion to amend I move to appoint one member, Will Shepherd, to the Economic Vitality Board to a term ending December 31, 2023. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:40:21 Public Comments There were no comments on this item. 03:40:40 Vote on the Motion to amend I move to appoint one member, Will Shepherd, to the Economic Vitality Board to a term ending December 31, 2023. The Motion carried 4 - 0. Approve: Terry Cunningham I-Ho Pomeroy 26 Bozeman City Commission Meeting Minutes, March 28, 2023 Page 9 of 10 Jennifer Madgic Christopher Coburn Disapprove: None K.2 03:41:06 Appointment to the Gallatin County Water Quality District Jeralyn Rittenhouse.pdf Kayla Mehrens.pdf 03:41:55 Motion to appoint one member, Kayla Mehrens, as the City Commission's designee to the Gallatin County Water Quality District Board. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 03:41:48 Vote on the Motion to appoint one member, Kayla Mehrens, as the City Commission's designee to the Gallatin County Water Quality District Board. The Motion carried 4 - 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None L) 03:41:57 FYI / Discussion M) 03:42:05 Adjournment ___________________________________ Cynthia L. Andrus Mayor 27 Bozeman City Commission Meeting Minutes, March 28, 2023 Page 10 of 10 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 26, 2023 28 Bozeman City Commission Meeting Minutes, April 4, 2023 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 4, 2023 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Excused: None Staff Present at Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:03:01 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:04:54 Pledge of Allegiance and a Moment of Silence C) 00:05:34 Changes to the Agenda There were no changes. D) 00:05:45 FYI • CM Mihelich provided an update on an officer involved shooting. E) 00:06:58 Commission Disclosures F) 00:07:04 Consent F.1 Accounts Payable Claims Review and Approval 29 Bozeman City Commission Meeting Minutes, April 4, 2023 Page 2 of 8 F.2 Authorize the City Manager to Sign a Notice of Award and Construction Documents Once Received with Roset and Associates, Inc. for the Solid Waste Facility Office Remodel and Garage Addition Notice of Award Bid Sheet - Solid Waste Office Remodel and Garage Addition COB Solid Waste Award Recommendation Construction Agreement Exhibit A F.3 Authorize the Mayor to Sign the Urban + Farm Phase 1 Major Subdivision Preliminary Plat Findings of Fact and Order, Application 22082 (Quasi-judicial) Findings and Facts for Commission Urban Farm Phase 1 PP 22082, Final.pdf F.4 Authorize the Mayor to Sign the Findings of Fact and Order for the Nexus Point Preliminary Plat, Application 22246 (Quasi-Judicial) 22246 Nexus Point PP CC FOF Staff Report.pdf F.5 Authorize the Mayor to Sign the Findings of Fact and Order for the Ferguson Farms II Major Subdivision Preliminary Plat, Application 19027 (Quasi-Judicial) 19027 FF II PP CC FOF staff rpt 03 23 23.pdf F.6 Authorize the Mayor to Sign the West Park Neighborhood Major Subdivision Preliminary Plat Findings of Fact and Order, Application 22178 (Quasi-Judicial) 22178 West Park Neighborhood Preliminary Plat Findings of Fact and Order.pdf F.7 Authorize the City Manager to Sign an Amendment One to the Professional Services Agreement with Bozeman Site Services, LLC. for Landscape Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 1 Bozeman Site Services LLC..pdf Attachment B PSA Bozeman Site Services LLC..pdf F.8 Authorize City Manager to Sign an Amendment 1 to PSA with Jackson Contractor Group for Swim Center Renovation GCCM Services PSA - 1ST Amendment - Swim Center GCCM - Jackson Contractor Group.pdf F.9 Authorize the City Manager Sign an Amendment 1 to Grant Agreement FHE-21- 101 between the City and Montana Department of Natural Resources and Conservation for the Sourdough Creek Fuels Reduction Project Campaign Please_DocuSign_Amendment_1_FHE-21-101.pdf FHE-21-101_Original_Bozeman.pdf F.10 Authorize the City Manager to Sign a Professional Services Agreement Task Order Number Two with HDR Engineering for WRF Site Planning Services Bozeman WRF Task Order No. 2 WRF Concept Site Plan.pdf 30 Bozeman City Commission Meeting Minutes, April 4, 2023 Page 3 of 8 F.11 Resolution 5487, a Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113 Commission Resolution 5487.pdf F.12 Ordinance 2133, Final Adoption, 1200 East Main Zone Map Amendment to Rezone a Parcel from B-2 (Community Business District) to B-2M (Community Business District-Mixed) on 1.5 Acres, Application 22184, a Property Addressed at 1200 East Main Street 22184 1200 East Main ZMA Ordinance 2133.pdf 001_ZMA_Exhibit.pdf 00:07:11 City Manager Introduction 00:07:19 Public Comment There were no comments on the Consent agenda. 00:07:49 Motion to approve Consent Items 1 -12 as submitted. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:07:56 Vote on the Motion to approve Consent Items 1 -12 as submitted. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:08:06 Public Comment Mayor Andrus opened general public comment. 00:09:40 Carson Taylor, Public Comment 31 Bozeman City Commission Meeting Minutes, April 4, 2023 Page 4 of 8 Carson Taylor commented on Equal Pay. 00:10:31 Mary Wictor, Public Comment Mary Wictor commented on B2M zoning. 00:13:19 Elenore Cornish, Public Comment Elenore Cornish commented on the resolution adoption of Bozeman becoming a City for CEDAW and continued work. H) Mayoral Proclamation H.1 00:15:13 Equal Pay Day Mayor Andrus proclaimed Equal Pay Day. I) 00:20:42 Special Presentation I.1 00:20:57 Equal Pay Day Report Equal Pay Day and City Progress Report 2023.pdf Special Presentation - Equal Pay Report 2023.pdf Human Resources Director Cassandra Tozer presented the 2023 Equal Pay Update. I.2 00:30:16 Belonging in Bozeman - Equity & Inclusion Plan Quarterly Update CM Mihelich provided information on participating in the process. Community Engagement Coordinator Dani Hess provide the quarterly update on the Belonging in Bozeman Equity & Inclusion Plan and an update on the CEDAW efforts. J) 00:42:45 Action Items J.1 00:43:01 The North 8th Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning on 0.4828 Acres from R-4 (High Density Residential District) to R-5 (Residential Mixed-Use High Density District), Located on the Southwest Corner of North 8th Avenue and West Lamme Street, Application 22366 22366 North 8th Ave ZMA CC SR.pdf 00:43:13 Staff Presentation Senior Planner Tom Rogers presented the application, entered the staff report, applicant submittal and all public comments into the record, presented the subject parcel, the Future Land Use Map (FLUM) designation, the existing zoning on the parcel and in its vicinity, the zoning review criteria, a summary of the received public comment, and recommendations. 32 Bozeman City Commission Meeting Minutes, April 4, 2023 Page 5 of 8 00:49:43 Questions of Staff 01:07:28 Applicant Presentation Tyler Steinway, Intrinsik Architecture, presented the subject site, site vicinity, a comparison of R-4 and R-5 zoning, and how the project complies with the growth policy. 01:12:26 Questions of Applicant 01:15:48 Public Comments There were no comments on this item. 01:16:22 Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22366 and move to approve the North 8th Zone Map subject to contingencies required to complete the application processing. Jennifer Madgic: Motion Terry Cunningham: 2nd 01:16:56 Discussion 01:27:51 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22366 and move to approve the North 8th Zone Map subject to contingencies required to complete the application processing. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 33 Bozeman City Commission Meeting Minutes, April 4, 2023 Page 6 of 8 J.2 01:28:02 Bennett Annexation Application 22380 Requesting Annexation of 35.96 Acres and Adjacent Right-of-Way and Amending the City Zoning Map for the Establishment of an Initial Zoning Designation of REMU (Residential Emphasis Mixed-Use District). Addressed as 2650 and 2680 Bennett Blvd. Approximately One-Half Mile West of South 19th Avenue on the South side of Stucky Road. Application 22380 22380 Bennett Annx II -Annex-ZMA CC SR.pdf 01:28:13 Staff Presentation Senior Planner Rogers presented the application, entered the staff report, applicant submittal, and all public comments into the record, the project location, the FLUM designation, existing zoning in the vicinity, annexation goals & policies and zoning review criteria, no comments have been received, and the recommendations. 01:34:22 Questions of Staff 01:41:05 Applicant Presentation Greg Allen, with applicant, presented the application, the reasoning for not completing the original annexation application, project overview, and intent. 01:45:24 Questions of Applicant 01:57:48 Public Comment There were no comments on this item. 01:58:20 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22380 and move to approve the Bennett Properties Annexation. Terry Cunningham: Motion Christopher Coburn: 2nd 01:58:38 Discussion 02:00:46 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings 34 Bozeman City Commission Meeting Minutes, April 4, 2023 Page 7 of 8 presented in the staff report for application 22380 and move to approve the Bennett Properties Annexation. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:00:56 Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22380 and move to approve the Bennett Properties Zone Map Amendment. Terry Cunningham: Motion Christopher Coburn: 2nd 02:01:15 Discussion 02:06:40 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22380 and move to approve the Bennett Properties Zone Map Amendment. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 35 Bozeman City Commission Meeting Minutes, April 4, 2023 Page 8 of 8 K) 02:06:55 FYI / Discussion L) 02:07:03 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 26, 2023 36 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented to the City Commission within one year of the date the claims accrued. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: September 21, 2023 37 Memorandum REPORT TO:City Commission FROM:Clark SUBJECT:Approval of Depository Bonds and Pledged Securities as of June 30, 2023 MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve the depository bonds and pledged securities as of June 30, 2023. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: 17-6-102. Insurance on deposits. (1) Deposits in excess of the amount insured by the federal deposit insurance corporation or the national credit union administration may not be made unless the bank, building and loan association, savings and loan association, or credit union first delivers to the state treasurer or deposits in trust with some solvent bank, as security therefore, bonds or other obligations of the kinds listed in 17-6-103, having a market value equal to at least 50% of the amount of the deposits in excess of the amount insured. The board of investments may require security of a greater value. When negotiable securities are placed in trust, the trustee's receipt may be accepted instead of the actual securities if the receipt is in favor of the state treasurer, successors in office, and the state of Montana and the form of receipt and the trustee have been approved by the board of investments. (2) Any bank, building and loan association, savings and loan association, or credit union pledging securities as provided in this section may at any time substitute securities for any part of the securities pledged. The substituted collateral must conform to 17-6-103 and have a market value at least sufficient for compliance with subsection (1). If the substituted securities are held in trust, the trustee shall, on the same day the substitution is made, forward by registered or certified mail to the state treasurer and to the depository financial institution a receipt specifically describing and identifying both the securities substituted and those released and returned to the depository financial institution. Section 7-6-207 (2), MCA, requires the City Commission to approve pledged 38 securities at least quarterly. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The city is sufficiently pledged. Attachments: Depository Bonds & Securities 0623.pdf Report compiled on: August 22, 2023 39 DEPOSITORY BONDS AND SECURITIES AS OF June 30, 2023 MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT US BANK All Accounts Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00 LOC-FHLB Cincinnati 4/14/2023 570181 $ 20,000,000.00 TOTAL – US Bank $ 20,250,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6- 207, M.C.A., have this day certified the receipts of US Bank, for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 2023, by the banks of Bozeman and approve and accept the same. _____________________________________________ CYNTHIA L. ANDRUS, Mayor _______________________________________ _______________________________________ TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner _______________________________________ _______________________________________ CHRISTOPHER COBURN, Commissioner JENNIFER MADGIC, Commissioner 40 PLEDGED SECURITIES AND CASH IN BANK As of June 30, 2023 US BANK Total Cash on Deposit $4,640,623.51 FDIC Coverage $250,000.00 Amount Remaining $4,390,623.51 Pledges Required 104% $4,566,248.45 Actual Pledges $20,000,000.00 Over (Under) Pledged $15,433,751.55 REFERENCE: Section 7-6-207, M.C.A. 41 Memorandum REPORT TO:City Commission FROM:Kaitlin Johnson, Budget Analyst Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign the Non-Profit Grant Agreements Adopted in the Fiscal Year 2024 Budget on July 11, 2023 MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Sign the Non-Profit Grant Agreements Adopted in the Fiscal Year 2024 Budget on July 11, 2023. STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND:On July 11, 2023, the City Commission approved the following non-profit grant awards with the adoption of the FY24 Budget. This agenda item formalizes these grants by authorizing the City Manager to sign the grant agreements. Big Sky Youth Empowerment: $15,000 for expenses directly related to the group mentoring program for vulnerable teens Child Care Connections: $100,000 to expand the Gap Child Care Scholarship Program supporting families who fall in the assistance gap Community Health Partners: $75,000 to fund existing behavioral health therapist positions and one additional full-time equivalent behavioral health therapist Compassion Project: $10,000 for operational assistance to help continue to offer services at a sliding-scale cost Greater Gallatin United Way: $50,000 to support the kidsLINK after- school program Haven: $40,000 to expand life-saving domestic violence intervention and prevention programs Help Center: $100,000 to support the Community Education and Outreach efforts and capital expansion to address inadequate facilities Human Resource Development Council (HRDC): $360,000 for overnight staffing of the Warming Center from April to October and $400,000 for operational costs to provide transportation services through Streamline Montana Conservation Corps: $10,000 for restorative work on Kirk Hill Trail to increase safety, accessibility, and enjoyment of the trail 42 Montana Immigrant Justice Alliance: $20,000 for operation support in order to provide essential services to immigrants in Bozeman One Valley Community Foundation: $20,000 for the ongoing planning, implementation, and project design of the Regional Housing Coalition Roots Family Collaborative: $15,000 for the production and distribution of the 2024 edition of the Roots Perinatal Resource Guide Suffer Out Loud: $15,000 to fund the Mental Health Care Scholarship World Language Initiative: $30,000 to support the Bozeman English Learner Literacy Initiative UNRESOLVED ISSUES:None. ALTERNATIVES:As adopted in the Fiscal Year 2024 Budget the City Commission on July 11, 2023. FISCAL EFFECTS:Expenditure appropriations are included in the Fiscal Year 2024 Adopted Budget approved by City Commission on July 11, 2023. Attachments: FY24 BYEP Grant Agreement.pdf FY24 Child Care Connections Grant Agreement.pdf FY24 Community Health Partners Grant Agreement.pdf FY24 Compassion Project Grant Agreement.pdf FY24 Greater Gallatin United Way Grant Agreement.pdf FY24 Haven Grant Agreement.pdf FY24 Help Center Grant Agreement.pdf FY24 HRDC IX, Bozeman Grant Agreement.pdf FY24 HRDC Streamline Grant Agreement.pdf FY24 Montana Conservation Corps Grant Agreement.pdf FY24 Montana Immigrant Justice Alliance Grant Agreement.pdf FY24 One Valley Community Foundation Grant Agreement.pdf FY24 Roots Family Collaborative Grant Agreement.pdf FY24 Suffer Out Loud Grant Agreement.pdf FY24 World Language Initiative Grant Agreement.pdf Report compiled on: September 14, 2023 43 V 9 7 22 FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Page 1 CITY OF BOZEMAN GRANT AGREEMENT Big Sky Youth Empowerment Group Mentoring Program 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 Big Sky Youth Empowerment (BYEP), a non- profit organization located at 225 E. Mendenhall St., Bozeman, MT 59715 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, BYEP submitted a proposal to the City Commission for a grant of $25,000 to support their group mentoring program for vulnerable teens (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 providing a safe space for teens and helping young people find community with one another across identity divisions that might otherwise prevent them from connecting and creating support networks which is in line with the City of Bozeman’s Strategic Plan (3.2); and WHEREAS, on July 11, 2023, the Commission appropriated $15,000 for the Project. THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to fifteen thousand dollars ($15,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2. Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3. Use of Grant Funds. Grant funds in the amount of up to fifteen dollars ($15,000) will be used by GRANTEE for the sole purpose of funding operating expenses directly related to the group mentoring program for vulnerable teens as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by 44 V 9 7 22 FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Page 2 this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and must serve city of Bozeman residents. 4. Payment of Grant Funds a. The City will remit the Grant funds to the GRANTEE following the execution of this Agreement. b. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a 45 V 9 7 22 FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Page 3 formal presentation that includes detail regarding use of Grant funds. 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. 46 V 9 7 22 FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Page 4 b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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 47 V 9 7 22 FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Page 5 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; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate 48 V 9 7 22 FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Page 6 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. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must 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 49 V 9 7 22 FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Page 7 taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 50 V 9 7 22 FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Page 8 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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: 51 V 9 7 22 FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Page 9 _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 52 V 9 7 22 FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Exhibit A Exhibit A Grant Proposal Grant Project Overview: Big Sky Youth Empowerment’s (BYEP) funding request is to support the group mentoring program for vulnerable teens here in Gallatin County. BYEP provides weekly social-emotional wellness workshops where participants learn to develop skills and social connections that equip them to face challenges in their lives. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $15,000. This grant award must be used to support the operating expenses directly related to the group mentoring program for vulnerable teens. 53 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award Big Sky Youth Emp. Date:Wednesday, May 3, 2023 1:56:07 PM New submission. From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Wednesday, May 3, 2023 1:22 PM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2410366 IP Address:174.45.120.216 Submission Date:05/03/2023 1:21 Survey Time:33 minutes, 4 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name Big Sky Youth Empowerment Entity's Physical Address 225 E Mendenhall St. Bozeman, MT 59715 Number of Years of Operation as a Non-Profit Organization 22 Link to Most Recent Annual Financial Report https://www.byep.org/financials FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Exhibit A 54 Dollar Amount Requested for the Fiscal Year We are respectfully requesting $25,000 of funding from the City of Bozeman to support our group mentoring program for vulnerable teens. Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit Big Sky Youth Empowerment (BYEP) is respectfully requesting $25,000 in funds to support our group mentoring program for vulnerable teens here in Gallatin County. We provide weekly social-emotional wellness workshops where participants learn to develop skills and social connections that equip them to face challenges in their lives. On the weekends, we venture out on outdoor adventures that allow our youth to ‘go outside to grow inside.’ Thirty- eight percent of our youth qualify for free or reduced lunches, 49% percent present with symptoms of depression, 43% report conflict in the home, 40% have seriously considered attempting suicide or do not wish to disclose their suicidal ideation, and 17% have been in trouble with the law. BYEP participants are 4x more racially diverse than the broader county population, with 22% identifying as BIPOC. We believe that our work aligns with the Commission Priorities in that we provide services to the teens in our community who need it the most. We also align with the Commission's focus on inclusivity and gender analysis, with 45% of our teens identifying as LGBTQIA+ and 20% of our youth identifying as non-binary or transgender. We are honored to provide a safe space for teens from all walks of life, and to help our young people find community with one another across identity divisions that might otherwise prevent them from connecting and creating support networks. With the omnipresent influence of social media, increased isolation and instability from the pandemic, and overwhelming sense of division in our current social climate, our community’s teens are struggling and BYEP’s services are more urgently needed now than ever. We are facing a financial shortfall this year, and the city’s support would be incredibly helpful as we work to close this gap and continue to provide such an important community service to the young people in our community in need of support. Thank you for considering funding for our mentorship program. Read-Only Content Name #1 Montana 18th Judicial District Court Amount $ $10,000 (has been granted thus far in 2023) Name #2 Otto Bremer Foundation Amount $ BYEP plans to request $25,000 from the foundation in July 2023 and received that amount last year. Name #3 First Interstate Bank Amount # BYEP plans to request $5,000 from FIB in June 2023 and received that amount last year. FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Exhibit A 55 Read-Only Content Full Name Anna Gray Phone 9079829035 Email Address anna@byep.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – Big Sky Youth Empowerment Group Monitoring Program Exhibit A 56 V 9 7 22 FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Page 1 CITY OF BOZEMAN GRANT AGREEMENT Child Care Connections Gap Child Care Scholarship Program 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 Child Care Connections, a non-profit organization located at 2415 W. Main St. Suite 1, Bozeman, MT 59718 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, Child Care Connections submitted a proposal to the City Commission for a grant of $150,000 to expand the Gap Child Care Scholarship Program (GSP) (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 expanding access to quality care that aligns with the City of Bozeman’s priorities and equity initiatives; and WHEREAS, on July 11, 2023, the Commission appropriated $100,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to one hundred thousand dollars ($100,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.Use of Grant Funds. Grant funds in the amount of up to one hundred thousand dollars ($100,000) will be used by GRANTEE for the sole purpose of expanding the GSP as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and service city of Bozeman residents. Eligible expenses must be requested for reimbursement no later than July 20th following the expiration of this Agreement. 57 V 9 7 22 FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Page 2 4.Payment of Grant Funds a.GRANTEE may request the Grant funds during the fiscal year ending June 30, 2024 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. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5.Grantee Representations a.GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b.GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c.GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit city of Bozeman citizens. 6.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 will also provide to the City Commission a 58 V 9 7 22 FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Page 3 formal presentation that includes detail regarding use of Grant funds. 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. 59 V 9 7 22 FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Page 4 b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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 60 V 9 7 22 FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Page 5 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; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate 61 V 9 7 22 FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Page 6 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. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must 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 62 V 9 7 22 FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Page 7 taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 63 V 9 7 22 FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Page 8 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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: 64 V 9 7 22 FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Page 9 _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 65 V 9 7 22 FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Exhibit A Exhibit A Grant Proposal Grant Project Overview: Child Care Connections’ funding request is to expand the Gap Child Care Scholarship Program (GSP). The GSP was created to support families who fall in the assistance gaps due to barriers such as income, limited access to licensed child care, and other circumstances. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $100,000. This grant must be used to expand the GSP. 66 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award Child Care Connections Date:Friday, May 5, 2023 9:50:29 AM New grant app. Thank you, Julie From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Friday, May 5, 2023 9:41 AM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2414715 IP Address:72.174.93.186 Submission Date:05/05/2023 9:41 Survey Time:15 minutes, 30 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name Child Care Connections Entity's Physical Address 2415 West Main Street Suite 1 Bozeman, Montana 59718 Number of Years of Operation as a Non-Profit Organization 45 FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Exhibit A 67 Link to Most Recent Annual Financial Report FY22 Profit & Loss: https://bit.ly/417PhGq Dollar Amount Requested for the Fiscal Year $150,000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit Child Care Connections is requesting $150,000 to expand our Gap Child Care Scholarship Program (GSP). Our goal to expand access to quality care aligns with the City’s priorities and equity initiatives. The GSP was created to support families who fall in the assistance gaps due to barriers such as income, limited access to licensed child care, and other circumstances. To qualify for assistance such as the Best Beginnings Scholarship (BBS), families must have a gross income less than 150% of the federal poverty guidelines. At the same time, wages have increased with the rising cost of living in our community, disqualifying many families from accessing this essential support. The GSP offers a more flexible approach, expanding income eligibility to the state median income. This would increase eligibility for a family of 4 earning $41,628 (150% FPL) to $131,000. In addition, scholarships can go towards licensed or legally operating child care. We have modified the program to meet diverse needs and impact a greater number of families by offering a menu of support options that include a small, one-time grant for special circumstances, a monthly scholarship, or a three-month scholarship. Each family could apply for up to $2,500 annually. We predict this funding could provide scholarships for 60 families in Gallatin County. For each family that participates, we offer wrap-around support through a 1-on-1 meeting with our Family Engagement Coordinator, allowing families to explore resources to help them move forward successfully. This support, along with the flexible scholarship opens opportunities for parents to re-enter and fully participate in the workforce, and address challenges in accessing child care. Parents need continued support to afford safe, quality care, and we hope to expand this opportunity with your continued support. Program outcomes; Gallatin County: https://bit.ly/3LCo4FW , Park County: https://bit.ly/3NzM1R0 Testimonial: https://youtu.be/cnCjO7r959c Read-Only Content Name #1 Spanish Peaks Community Foundation Amount $ $20,000 Name #2 Arthur M. Blank Foundation Amount $ $40,000 Name #3 Gianforte Family Foundation FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Exhibit A 68 Amount # $15,000 Read-Only Content Full Name Tori Sproles Phone 4065483672 Email Address tori@cccmontana.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – Child Care Connections Gap Child Care Scholarship Program Exhibit A 69 V 9 7 22 FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Page 1 CITY OF BOZEMAN GRANT AGREEMENT Community Health Partners Behavioral Health Services 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 Community Health Partners (CHP), a non- profit organization located at 1695 Tschache Lane, Bozeman, MT 59718 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, Community Health Partners submitted a proposal to the City Commission for a grant of $75,000 to support their existing behavioral health therapist positions as well as the addition of 1.0 FTE behavioral health therapist (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 providing direct behavioral health support to some of our most vulnerable community members, aligning with Bozeman’s 2020 Community Plan to preserve and increase the community’s resiliency; and WHEREAS, on July 11, 2023, the Commission appropriated $75,000 for the Project. THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to seventy-five thousand dollars ($75,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2. Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3. Use of Grant Funds. Grant funds in the amount of up to seventy-five thousand dollars ($75,000) will be used by GRANTEE for the sole purpose of funding CHP’s existing behavioral health therapist positions as well as the addition of 1.0 FTE behavioral health therapist as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and service city of Bozeman 70 V 9 7 22 FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Page 2 residents. Eligible expenses must be requested for reimbursement no later than July 20th following the expiration of this Agreement. 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2024 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. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. 71 V 9 7 22 FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Page 3 c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim 72 V 9 7 22 FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Page 4 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. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 73 V 9 7 22 FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Page 5 Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to 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; 74 V 9 7 22 FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Page 6 • 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. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must 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 75 V 9 7 22 FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Page 7 addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 76 V 9 7 22 FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Page 8 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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: 77 V 9 7 22 FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Page 9 _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 78 V 9 7 22 FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Exhibit A Exhibit A Grant Proposal Grant Project Overview: Community Health Partners, Inc. (CHP) provides high-quality, affordable medical, dental, behavioral health, pharmacy and educational programming to more than 10,500 individuals annually at eight service locations in Bozeman, Belgrade, Livingston and West Yellowstone. CHP’s proposal is for funding to support existing behavioral health therapist positions as well as the addition of 1.0 FTE behavioral health therapist that will provide both individual and group therapy services at HRDC locations such as the Housing First Village or the Warming Center. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $75,000. This grant must be used to fund existing behavioral health therapist positions and the addition of 1.0 FTE behavioral health therapist. 79 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award -Community Health Partners Date:Monday, May 8, 2023 9:49:01 AM Community Health Partners From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Monday, May 8, 2023 9:43 AM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2419129 IP Address:142.44.85.98 Submission Date:05/08/2023 9:43 Survey Time:15 minutes, 42 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name Community Health Partners, Inc. Entity's Physical Address 1695 Tschache Lane Bozeman, MT 59718 Number of Years of Operation as a Non-Profit Organization 26 Link to Most Recent Annual Financial Report https://s3.us-west-2.amazonaws.com/community-health-partners/CHP_AnnualReport_2022-DIGITAL.pdf FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Exhibit A 80 Dollar Amount Requested for the Fiscal Year $75,000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit Community Health Partners, Inc. (CHP) provides high-quality, affordable medical, dental, behavioral health, pharmacy and educational programming to more than 10,500 individuals annually at eight service locations in Bozeman, Belgrade, Livingston and West Yellowstone. CHP is recognized by the NCQA as a Patient Centered Medical Home with Distinction in Integrated Behavioral Health. CHP’s model delivers comprehensive services that include resource and care coordination, clinical pharmacy, eligibility assistance and other supportive services to address the needs of Park and Gallatin County residents living below 200% of the Federal Poverty Level. CHP is requesting $75,000 from the nonprofit grant program to support and expand its behavioral health services in Bozeman. The rising cost of living in Bozeman has increased the cost of care delivery, and this funding will support existing behavioral health therapist positions as well as support the addition of 1.0 FTE behavioral health therapist that will provide both individual and group therapy services at HRDC locations such as the Housing First Village or the Warming Center. This request provides an opportunity for The City of Bozeman to attend to its identified priority to increase budget allocations for community and support services. In addition, by providing direct behavioral health support to some of our most vulnerable community members, this funding is aligned with Bozeman’s 2020 Community Plan theme to preserve and increase the community’s resiliency. Finally, by building on an existing partnership between CHP and HRDC to co-locate services that enhance the well-being of our unhoused community members, this funding request is in alignment with the recommendation to prioritize health system and community collaboration detailed in the Health section of the Bozeman Equity Indicators Project Gaps Analysis. Thank you for this opportunity to enhance community health and well-being in Bozeman. Read-Only Content Name #1 Health Resources and Services Administration Amount $ $3,660,162 Name #2 Amount $ Name #3 Amount # Read-Only Content Full Name Lander Cooney FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Exhibit A 81 Phone 4068236316 Email Address cooneyl@chphealth.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – Community Health Partners Behavioral Health Services Exhibit A 82 V 9 7 22 FY 2024 Grant Agreement – Compassion Project Operating Grant Page 1 CITY OF BOZEMAN GRANT AGREEMENT Compassion Project Operating Grant 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 Compassion Project, a non-profit organization located at 1520 W. Beall St., Bozeman, MT 59715 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, Compassion Project submitted a proposal to the City Commission for a grant of $20,000 for general operating support (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 teaching and spreading compassion through art and mindfulness which aligns with the City's commitment to advance belonging, equity, and inclusion; and WHEREAS, on July 11, 2023, the Commission appropriated $10,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to ten thousand dollars ($10,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.Use of Grant Funds. Grant funds in the amount of up to ten thousand dollars ($10,000) will be used by GRANTEE for the sole purpose of general operating support as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and service city of Bozeman residents. Eligible 83 V 9 7 22 FY 2024 Grant Agreement – Compassion Project Operating Grant Page 2 expenses must be requested for reimbursement no later than July 20th following the expiration of this Agreement. 4.Payment of Grant Funds a.GRANTEE may request the Grant funds during the fiscal year ending June 30, 2024 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.Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5.Grantee Representations a.GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b.GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. 84 V 9 7 22 FY 2024 Grant Agreement – Compassion Project Operating Grant Page 3 c.GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6.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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. 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. 7.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. 8.Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9.Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10.Limitation on GRANTEE’s Damages; Time for Asserting Claim 85 V 9 7 22 FY 2024 Grant Agreement – Compassion Project Operating Grant Page 4 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. 11.Representatives a.City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12.Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 86 V 9 7 22 FY 2024 Grant Agreement – Compassion Project Operating Grant Page 5 Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: 87 V 9 7 22 FY 2024 Grant Agreement – Compassion Project Operating Grant Page 6 •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. 13.Nondiscrimination, 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. 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. 14.Public Meetings and Access to Public Records a.Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s 88 V 9 7 22 FY 2024 Grant Agreement – Compassion Project Operating Grant 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. 15.Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16.Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17.Dispute Resolution a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court 89 V 9 7 22 FY 2024 Grant Agreement – Compassion Project Operating Grant Page 8 of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18.No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19.No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20.Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21.Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22.Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24.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:___________________________ 90 V 9 7 22 FY 2024 Grant Agreement – Compassion Project Operating Grant Page 9 GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 91 V 9 7 22 FY 2024 Grant Agreement – Compassion Project Operating Grant Exhibit A Exhibit A Grant Proposal Grant Project Overview: Compassion Project is dedicated to teaching and spreading compassion through art and mindfulness. The organization serves more than 600 individuals every year and provides educational curricula, workshops, and training on compassion. Compassion Project’s funding request is for general operating support. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $10,000. This grant must be used to fund general operations. 92 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award COMPASSION PROJECT Date:Monday, May 15, 2023 8:24:06 AM Thank you, From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Saturday, May 13, 2023 8:29 PM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2432933 IP Address:47.45.228.6 Submission Date:05/13/2023 8:28 Survey Time:42 minutes, 21 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name Compassion Project Entity's Physical Address 1520 W Beall St Bozeman, MT 59715 Number of Years of Operation as a Non-Profit Organization 4 Link to Most Recent Annual Financial Report https://static1.squarespace.com/static/63e51a9d93cdf5229407850e/t/63f41e32dd7dbb62b35bbd46/16769429159 22/2021+-+2022+Annual+Report+-+FINAL.pdf FY 2024 Grant Agreement – Compassion Project Operating Grant Exhibit A 93 Dollar Amount Requested for the Fiscal Year 20000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit Our organization is dedicated to teaching and spreading compassion through art and mindfulness. We serve more than 600 individuals every year and the vast majority live or work in Bozeman. This year alone, we served 22 local teachers, 33 youth mentors, 243 elementary school students, 100 middle schoolers, 134 high school students, 40 MSU students, and 104 caregivers. We provide educational curricula, workshops, and training on compassion - what it is, how to recognize it, how to practice it, and why it is important. We define compassion as mindful support, relief, and genuine human kindness - for others, ourselves, and the Earth. We do this work because compassion is a skill and practice that promotes individual and community wellbeing. Research shows that compassion is a buffer against stress, increases longevity, increases feelings of social connection, increases resilience, and can help decrease anxiety and depression. The need for compassion is clear: extremist views and hate speech are on the rise in Montana, anti-Semitic flyers were found near a Bozeman elementary school in March, 1 in 5 Montana high schoolers are bullied, 41% of Montana high schoolers are reporting symptoms of depression, and Montana's suicide rate is twice the national average. The adults we work with might be the first person to notice that a child's mental health is suffering. Compassion is a practice that promotes a culture of belonging, which prevents instances of harm and bullying from happening in the first place, but compassion also resources us to be present and kind with ourselves and others in the midst of suffering. We request $20,000 to support our general operating budget and help us continue to offer our services at a sliding-scale cost. We partner with local schools and nonprofit organizations. A grant of any size will make a large impact. Thank you for considering our request. Our work aligns with the City's commitment to advance belonging, equity, and inclusion. Read-Only Content Name #1 JMK Innovation Prize Amount $ 50000 Name #2 Rieschel Foundation Amount $ 20000 Name #3 Gallatin Valley Newcomers Club Amount # 10000 FY 2024 Grant Agreement – Compassion Project Operating Grant Exhibit A 94 Read-Only Content Full Name Tia Goebel Phone 6054401452 Email Address compassion.pject@gmail.com Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – Compassion Project Operating Grant Exhibit A 95 V 9 7 22 FY 2024 Grant Agreement – Greater Gallatin United Way kidsLINK Program Page 1 CITY OF BOZEMAN GRANT AGREEMENT Greater Gallatin United Way kidsLINK Program 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 Greater Gallatin United Way, a non-profit organization located at 945 Technology Blvd. Suite 101-F, Bozeman, MT 59718 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, Greater Gallatin United Way submitted a proposal to the City Commission for a grant of $50,000 to support the critical kidsLINK program (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 providing high-quality, affordable after-school support to Bozeman elementary school children in alignment with the City of Bozeman’s equity and inclusion initiatives; and WHEREAS, on July 11, 2023, the Commission appropriated $50,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to fifty thousand dollars ($50,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.Use of Grant Funds. Grant funds in the amount of up to fifty thousand dollars ($50,000) will be used by GRANTEE for the sole purpose of funding the kidsLINK program as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and service city of Bozeman residents. 96 V 9 7 22 FY 2024 Grant Agreement – Greater Gallatin United Way kidsLINK Program Page 2 4. Payment of Grant Funds a. The City will remit the Grant funds to the GRANTEE following the execution of this Agreement. b. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. 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. 97 V 9 7 22 FY 2024 Grant Agreement – Greater Gallatin United Way kidsLINK Program Page 3 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, 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 98 V 9 7 22 FY 2024 Grant Agreement – Greater Gallatin United Way kidsLINK Program Page 4 circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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 99 V 9 7 22 FY 2024 Grant Agreement – Greater Gallatin United Way kidsLINK Program Page 5 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; • 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 100 V 9 7 22 FY 2024 Grant Agreement – Greater Gallatin United Way kidsLINK Program Page 6 GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must 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 101 V 9 7 22 FY 2024 Grant Agreement – Greater Gallatin United Way kidsLINK Program Page 7 such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties 102 V 9 7 22 FY 2024 Grant Agreement – Greater Gallatin United Way kidsLINK Program Page 8 agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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 103 V 9 7 22 FY 2024 Grant Agreement – Greater Gallatin United Way kidsLINK Program Exhibit A Exhibit A Grant Proposal Grant Project Overview: Greater Gallatin United Way’s kidsLINK program provides high-quality, affordable after-school support to over 800 Bozeman elementary school children. As an extension of the school day, kidsLINK offers nutrition, homework support, mental and behavioral wellness, recreation, and science and technology enrichment. Great Gallatin City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $50,000. This grant must be used to fund the kidsLINK program. 104 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award Date:Wednesday, April 12, 2023 11:02:19 AM Hello, Making sure you receive this. Thank you, Julie From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Wednesday, April 12, 2023 11:00 AM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2361313 IP Address:38.127.94.70 Submission Date:04/12/2023 11:00 Survey Time:13 minutes, 50 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name Greater Gallatin United Way - kidsLINK Afterschool Program Entity's Physical Address 945 Technology Blvd. Suite 101-F Bozeman, MT 59718 FY 2024 Grant Agreement – Greater Gallatin United Way kidsLINK Program Exhibit A 105 Number of Years of Operation as a Non-Profit Organization 45 Link to Most Recent Annual Financial Report https://www.greatergallatinunitedway.org/sites/greatergallatinunitedway/files/2023-04/2022-06-30%20Audit%20- %20Final.pdf Dollar Amount Requested for the Fiscal Year $50,000.00 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit Greater Gallatin United Way is seeking $50,000 to support the critical kidsLINK program. kidsLINK provides high- quality, affordable after-school support to over 800 Bozeman elementary school children. The program receives a small federal grant to support title schools, but 75% of funding relies on private and individual donations. We also know that quality out-of-school programming can significantly increase academic success for our students. As an extension of the school day, kidsLINK offers nutrition, homework support, mental and behavioral wellness, recreation, and science and technology enrichment. Many children in our programs have access to more opportunities because of our collaborative approach with MSU, the City and other community partners. The program supports the priorities of the City by providing a collaborative and holistic approach to serving our neighbors. We want to create an equitable environment that directly aligns with the City’s “… to ensure that every resident, visitor, and City of Bozeman employee feels welcomed and valued, and can thrive no matter their race, identity, or life circumstance.” With more than 40% of our families receiving financial assistance, we will not turn anyone away, regardless of their ability to pay. We believe all children to have access to high-quality services. kidsLINK also aligns with the community plan by increasing access to services for residents. After-school care is a fundamental and critical service to our residents, not only for our workforce but for the economic growth of our area. It’s a benefit, and having a high-quality resource will support our children academically and socially and help families thrive. With the rising cost of living in the City, we are committed to keeping our fees low and affordable without compromising quality. We appreciate the partnership with the City, and all our community does to ensure families and children aren’t just surviving and thriving. Read-Only Content Name #1 Yellowstone Club Community Foundation Amount $ $25,000 Name #2 The Rieschel Family Foundation Amount $ $15,000 FY 2024 Grant Agreement – Greater Gallatin United Way kidsLINK Program Exhibit A 106 Name #3 First Security Bank Amount # $10,000 Read-Only Content Full Name Kimberly Hall Phone 4065872194 ext. 105 Email Address khall@greatergallatinunitedway.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – Greater Gallatin United Way kidsLINK Program Exhibit A 107 FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs Page 1 V 9 7 22 CITY OF BOZEMAN GRANT AGREEMENT Haven Domestic Violence Intervention and Prevention Programs 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 Haven, a non-profit organization located at 132 Pond Row, Bozeman, MT 59718 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 $50,000 for general operating support to expand the life-saving domestic violence intervention and prevention programs (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 reducing the incidence, and minimizing the impact, of domestic abuse within the community of Bozeman aligning with City of Bozeman’s Strategic Plan (3.2); and WHEREAS, on July 11, 2023, the Commission appropriated $40,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to forty thousand dollars ($40,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.Use of Grant Funds. Grant funds in the amount of up to forty thousand dollars ($40,000) will be used by GRANTEE for the sole purpose of funding general operations to expand the domestic violence intervention and prevention programs as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and service city of Bozeman residents. Eligible expenses must be 108 V 9 7 22 FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs Page 2 requested for reimbursement no later than July 20th following the expiration of this Agreement. 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2024 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. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. 109 V 9 7 22 FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs Page 3 c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim 110 V 9 7 22 FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs Page 4 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. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 111 V 9 7 22 FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs Page 5 Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: 112 V 9 7 22 FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs Page 6 • 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. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s 113 V 9 7 22 FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs 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. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court 114 V 9 7 22 FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs Page 8 of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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:___________________________ 115 V 9 7 22 FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs Page 9 GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 116 V 9 7 22 FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs Exhibit A Exhibit A Grant Proposal Grant Project Overview: Haven is committed to reducing the incidence, and minimizing the impact, of domestic abuse on families and communities. The organization provides emergency shelter, crisis intervention, ongoing support, referrals, and education. Haven’s request for funding is for general operating support to expand the life-saving domestic violence intervention and prevention programs. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $40,000. This grant must be used to fund general operating support to expand the life-saving domestic violence intervention and prevention programs. 117 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award HAVEN Date:Monday, May 15, 2023 2:19:40 PM Thank you, From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Monday, May 15, 2023 2:19 PM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2436037 IP Address:63.153.9.10 Submission Date:05/15/2023 2:18 Survey Time:6 days, 12 minutes, 25 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name Haven Entity's Physical Address 134 Pond Row Bozeman, MT 59718 Number of Years of Operation as a Non-Profit Organization 44 Link to Most Recent Annual Financial Report https://static1.squarespace.com/static/5d62bdcfdd1e9300010c6802/t/6388f2dbb77d110c7061c28a/16699194627 50/Audited+Financial+Statements+7.1.21-6.30.22.pdf FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs Exhibit A 118 Dollar Amount Requested for the Fiscal Year $50000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit Our Vision: We envision a community knowledgeable about domestic abuse, fully engaged and committed to the safety and well-being of its members. Our Mission: Haven is committed to reducing the incidence, and minimizing the impact, of domestic abuse on families and communities. We provide emergency shelter, crisis intervention, on- going support, referrals, and education. Haven is requesting $50000 in general operating support to grow our life- saving domestic violence intervention and prevention programs. With the explosive growth in Bozeman over the past several years, we have seen an increased demand for our services, with a 12% increase in direct services provided between 2021 and 2022. This growth continues into the current year, with jumps of 36% in support line calls and 63% in legal advocacy support over the past quarter alone. Our newly opened shelter, The Barnard Center, moves Haven into a position of greater visibility as we bring the issue of domestic violence out of the shadows and into a place of public awareness. The new shelter serves all genders, and supports twice as many residents as the previous shelter. In addition, we have expanded our text and chat support services to seven days a week, and are hiring an overnight advocate to provide support where a gap has previously existed. These expanded services position us to provide greater support to the Bozeman community, including vulnerable populations such as low- income families, the unhoused, and individuals with disabilities. The shift from a secret shelter location to a secure, disclosed location also allows us to engage in prevention work more extensively, as the community has a visible, beautifully designed space around which to organize and think about how to eliminate domestic violence. These activities are in alignment with the Bozeman Commission priority of making Bozeman a City for CEDAW, and the priority to provide direct support services to residents. Read-Only Content Name #1 Department of Justice Rural Grant Amount $ $112,500 Name #2 Cross Charitable Foundation Amount $ $28,000 Name #3 Stranahan Foundation Amount # $35,000 FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs Exhibit A 119 Read-Only Content Full Name Rebecca Watters Phone 5085965571 Email Address rebecca@havenmt.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – Haven Domestic Violence Intervention and Prevention Programs Exhibit A 120 V 9 7 22 FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Page 1 CITY OF BOZEMAN GRANT AGREEMENT Help Center Community Education & Outreach and Expansion Grant 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 Help Center, a non-profit organization located at 421 E. Peach Street, Bozeman, MT 59715 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, Help Center submitted a proposal to the City Commission for a grant of $100,000 for support of Community Education and Outreach efforts and funding to build new facilities (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 continuing to provide support to community members experiencing mental health crisis in alignment with the City of Bozeman’s Strategic Plan (3.2); and WHEREAS, on July 11, 2023, the Commission appropriated $100,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to one hundred thousand dollars ($100,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.Use of Grant Funds. Grant funds in the amount of up to one hundred thousand dollars ($100,000) will be used by GRANTEE to be divided as follows: twenty-five thousand dollars ($25,000) to support their Community Education and Outreach efforts and seventy-five thousand dollars ($75,000) for capital expansion, as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the 121 V 9 7 22 FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Page 2 term of this Agreement and service city of Bozeman residents. Eligible expenses must be requested for reimbursement no later than July 20th following the expiration of this Agreement. 4.Payment of Grant Funds a.GRANTEE may request the Grant funds during the fiscal year ending June 30, 2024 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.Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5.Grantee Representations a.GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b.GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. 122 V 9 7 22 FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Page 3 c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. 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. 7. Purchase of Real Property. The purpose of this Grant is to assist GRANTEE in providing necessary services to the community of Bozeman. To ensure any real property purchased or improved upon with these Grant funds benefits the community of Bozeman, the following restrictions apply. To the extent that Grant funds are used for the purchase or improvement of real property, the City requires that GRANTEE retain such property for a term of 10 years. Should GRANTEE sell any real property purchased or improved upon with Grant funds within 10 years, GRANTEE agrees to repay Grant funds to the City. Should it become necessary for GRANTEE to sell real property purchased or improved upon with Grant funds, GRANTEE shall provide the City with notice within 24 hours of listing the real property for sale. Should the property sell, GRANTEE must repay the City within 24 hours of closing. Any violation of this provision will be considered a default by the GRANTEE under section 10 of this agreement, and subject to any remedy available in law or equity. 8. 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. 9. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of 123 V 9 7 22 FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Page 4 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. 10. 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. 11. 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. 12. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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. 124 V 9 7 22 FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Page 5 b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be ___________________ 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. 13. 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. 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 125 V 9 7 22 FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Page 6 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. 14. Nondiscrimination, 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, 126 V 9 7 22 FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Page 7 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. 15. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the City’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 127 V 9 7 22 FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Page 8 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. 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. 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. 128 V 9 7 22 FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Page 9 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. _______________________ 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 129 V 9 7 22 FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Exhibit A Exhibit A Grant Proposal Grant Project Overview: Help Center, Inc. is comprised of 24/7 mental health crisis lines (including 988 & 211), the Sexual Assault Counseling Center, Hearts and Homes Family Resource Center, Gallatin County Child Advocacy Center, and Sacks Thrift. The organization has been supporting Bozeman and the Gallatin Valley for 52 years. Help Center’s request for funding is for $25,000 to support the Community Education and Outreach efforts and $75,000 for capital expansion. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $100,000. This grant must be used to support the Community Education and Outreach efforts and capital expansion to address inadequate facilities at the Peach Street location. 130 From:Julie Hunter To:Kaitlin Johnson; Melissa Hodnett Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award HELP CENTER Date:Monday, May 15, 2023 8:23:37 AM Thank you, From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Friday, May 12, 2023 2:59 PM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2431328 IP Address:174.45.100.94 Submission Date:05/12/2023 2:59 Survey Time:3 minutes, 5 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name Help Center, Inc. Entity's Physical Address 421 E. Peach Street Bozeman, MT 59715 Number of Years of Operation as a Non-Profit Organization 52 Link to Most Recent Annual Financial Report https://www.bozemanhelpcenter.org/uploads/4/6/3/7/4637709/2021-06-30_audited_financial_statements.pdf FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Exhibit A 131 Dollar Amount Requested for the Fiscal Year $100,000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit Help Center, Inc. is comprised of 24/7 mental health crisis lines (including 988 & 211), the Sexual Assault Counseling Center, Hearts and Homes Family Resource Center, Gallatin County Child Advocacy Center, and Sacks Thrift. We’ve been supporting Bozeman and the Gallatin Valley for 52 years. We’re requesting $25,000 in continued support of our Community Education & Outreach efforts and $75,000 to build new and much needed facilities for our organization. Through community education & outreach efforts in 2022, we provided 130 service hours and reached 1,644 people, all thanks to the City’s support. It is critical we invest in education for our community members who are often turned to in a mental health crisis or a traumatic incident. Equipping community members to compassionately respond and provide access to lifesaving resources is an investment to address mental health in our community. The support and momentum to address inadequate facilities at our Peach St. location with capital expansion, and raise program support for our growing programs, was made clear in a recently completed Campaign Planning Study. We are in the quiet/leadership phase of fundraising for a new facility. Expanded space will allow us to meet the needs of our ongoing and no-cost counseling services, increased privacy for walk-in crisis services, an expanded call center, space for administrative staff, and training space. Our goal is to raise as much as $4 million in capital expansion and $500,000 in program support by Dec. 2024. We’ve raised $590,000 in support to date. In addition to directly serving our community, we reduce the burden on City & County services such as 911 and law enforcement. Of the 5,121 calls from Gallatin County in 2022, we stabilized 78% without needing to use additional community resources. Our crisis call center is also a core element of the Crisis Now Model. We are and will continue to be seen as the first place to call in a mental health crisis. Read-Only Content Name #1 Gilhousen Family Foundation Amount $ 22,000 Name #2 Greater Gallatin United Way Amount $ 50,000 Name #3 AMB West Philanthropies Amount # $150,000 FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Exhibit A 132 Read-Only Content Full Name Mandy St Aubyn Phone 4065877511 Email Address HCDevCo@bozemanhelpcenter.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – Help Center Community Education & Outreach and Expansion Grant Exhibit A 133 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Warming Center Page 1 CITY OF BOZEMAN GRANT AGREEMENT HRDC IX, Bozeman Warming 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 HRDC IX, Bozeman, a non-profit organization located at 32 S. Tracy Ave., Bozeman, MT 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, HRDC IX, Bozeman submitted a proposal to the City Commission for a grant of $410,000 for overnight staffing of the Warming Center from April to October and on site security (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 providing emergency shelter to people experiencing homelessness in alignment City of Bozeman’s Strategic Plan (3.2); and WHEREAS, on July 11, 2023, the Commission appropriated $360,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to three hundred sixty thousand dollars ($360,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.Use of Grant Funds. Grant funds in the amount of up to three hundred sixty thousand dollars ($360,000) will be used by GRANTEE for the sole purpose of funding overnight staffing of the Warming Center from April to October as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. 134 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Warming Center Page 2 4. Payment of Grant Funds a. The City will remit the Grant funds to the GRANTEE following the execution of this Agreement. b. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. 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. 135 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Warming Center Page 3 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, 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 136 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Warming Center Page 4 circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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 137 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Warming Center Page 5 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; • 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 138 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Warming Center Page 6 GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must 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 139 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Warming Center Page 7 such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties 140 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Warming Center Page 8 agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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 141 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Warming Center Exhibit A Exhibit A Grant Proposal Grant Project Overview: HRDC’s Warming Center is open year-round and provides a warm, safe place to spend the night while connecting guests with programming and services designed to help people get back on the path towards self-sufficiency and make their experience of homelessness rare, brief and one-time. HRDC’s funding request is for overnight staffing of the Warming Center from April to October. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $360,000. This grant must be used for overnight staffing of the Warming Center from April to October. 142 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award HRDC IX REVISED Date:Monday, May 15, 2023 8:42:46 AM Please see this revised submission. From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Monday, May 15, 2023 8:41 AM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2434345 IP Address:184.166.227.46 Submission Date:05/15/2023 8:40 Survey Time:7 minutes, 56 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name HRDC IX, Bozeman (Revised Submission After Discussion with City of Bozeman) Entity's Physical Address 32 S. Tracy Ave. Bozeman, Montana 59715 Number of Years of Operation as a Non-Profit Organization HRDC was incorporated in 1975 Link to Most Recent Annual Financial Report https://thehrdc.org/wp-content/uploads/2023/04/HRDC-Audit-Report-FYE-06.30.22.pdf FY 2024 Grant Agreement – HRDC IX, Bozeman Warming Center Exhibit A 143 Dollar Amount Requested for the Fiscal Year $410,000. $375,000 for overnight staffing from April to October. Security on site 2hrs/7 days per week - $35,000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit HRDC’s Warming Center provides emergency shelter to men and women experiencing homelessness while the HRDC Wheat Suites provides emergency non-congregant shelter for families experiencing homelessness. The center is open year-round and provides a warm, safe place to spend the night while connecting guests with programming and services designed to help people get back on the path towards self-sufficiency and make their experience of homelessness rare, brief and one-time. The Warming Center and Wheat Suites have seen increasing demand for services in the past few years. For example, HRDC data shows a doubling of homelessness among previously housed older adults (86 in 2022 and 175 in 2023). In a similar vein, HRDC data indicates a 50% increase in the number of youth (18-24) seeking overnight shelter and supportive services. The HRDC shelter, in partnership with the City of Bozeman, responded to the increasing number of people experiencing homelessness by extending the seasonal shelter from five months of operations in 2021 to twelve months of operation in 2022. This was the first time the Warming Center provided overnight services year-round. It was expected that overnight guest counts would decrease in the warmer months, but that was not the case; numbers continued to average 75-80 individuals per night throughout the warmer months. The above funding request includes elements such as an onsite paramedic to help guests with untreated medical conditions and onsite security to assist with behavioral issues. Having these services onsite will be a savings for the city by addressing issues before the need for emergency response. Additionally, HRDC is working with the Yellowstone Club Community Foundation and Community Health Partners to provide funding for onsite behavioral health services which would also save the city significantly by proactively addressing mental health issues before they rise to the level of crisis. We welcome a discussion regarding funding levels. Read-Only Content Name #1 Community Donations/Fundraising Amount $ $350,000 Name #2 State of Montana - Dept of Health and Human Services Amount $ $74,140 Name #3 Gilhousen Foundation Amount # $20,000 FY 2024 Grant Agreement – HRDC IX, Bozeman Warming Center Exhibit A 144 Read-Only Content Full Name Heather Grenier Phone 4065874486 Email Address hgrenier@thehrdc.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – HRDC IX, Bozeman Warming Center Exhibit A 145 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Streamline Page 1 CITY OF BOZEMAN GRANT AGREEMENT HRDC IX, Bozeman Streamline 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 HRDC IX, Bozeman, a non-profit organization 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, HRDC IX, Bozeman submitted a proposal to the City Commission for a grant of $520,000 for operational support of the Streamline program and local match for two transit buses (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 supporting a livable, affordable, more connected city, as detailed in the City of Bozeman’s Strategic Plan (4.0); and WHEREAS, on July 11, 2023, the Commission appropriated $400,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to four hundred thousand dollars ($400,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.Use of Grant Funds. Grant funds in the amount of up to four hundred thousand dollars ($400,000) will be used by GRANTEE for the sole purpose of providing operational support to provide transportation services through Streamline as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and service city of Bozeman residents. 146 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Streamline Page 2 4. Payment of Grant Funds a. The City will remit the Grant funds to the GRANTEE following the execution of this Agreement. b. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. 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. 147 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Streamline Page 3 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, 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 148 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Streamline Page 4 circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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 149 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Streamline Page 5 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; • 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 150 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Streamline Page 6 GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must 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 151 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Streamline Page 7 such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties 152 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Streamline Page 8 agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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 153 V 9 7 22 FY 2024 Grant Agreement – HRDC IX, Bozeman Streamline Exhibit A Exhibit A Grant Proposal Grant Project Overview: HRDC’s mission is to provide mobility services and alternatives to single-occupancy vehicles in southwest Montana through the use of Streamline bus service. This funding request is for Streamline’s operational costs. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $400,000. This grant must be used to fund operational costs to provide transportation services through Streamline. 154 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award HRDC STREAMLINE Date:Monday, May 15, 2023 3:15:14 PM Thank you, From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Monday, May 15, 2023 3:12 PM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2436285 IP Address:69.145.57.236 Submission Date:05/15/2023 3:12 Survey Time:52 minutes, 18 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name HRDC/Streamline Entity's Physical Address 32 South Tracy Avenue Bozeman, Montana 59715 Number of Years of Operation as a Non-Profit Organization 48 Link to Most Recent Annual Financial Report https://drive.google.com/file/d/1TwPUggnZnhNrjqptcpLg5nL-LsA_wfPW/view?usp=share_link FY 2024 Grant Agreement – HRDC IX, Bozeman Streamline Exhibit A 155 Dollar Amount Requested for the Fiscal Year $620,000 ($400,000 operating + $120,000 local match for two transit buses) Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit The Transit Development Plan (TDP) released two years ago positions Streamline to proactively adapt to the growth and change in our community. Robust investments in public transit will help the City achieve goals outlined in the Strategic Plan and the priorities identified for 2023.Streamline specifically supports Vision 4.0 A Well-Planned City, by supporting a livable, affordable, more connected city. For example, investments in public transportation 1) drive economic development, 2) provide access to educational, vocational, and social opportunities, 3) improve overall health and wellness, and 4) create a well-connected, inclusive, and thriving community. With regards to a well- planned city, Streamline helps the City achieve Goal 4.2 High Quality Urban Approach by providing greater connectivity to trails, parks, and moreopportunities for walking and biking. Streamline also plays an important coordination/partnership role in the City’s approach to Strategic Infrastructure Choices (Goal 4.3) and preparation for a Metropolitan Planning Organization (Goal 4.3f). Furthermore, Streamline is critical to the City achieving Goal 4.5 Housing and Transportation Choices (improve mobility options that accommodate all travel modes). For most households, transportation is the second largest annual expense behind housing costs. It is critical to keep housing and transportation integrated in planning efforts to promote accessibility, equity, and affordability. In addition to supporting efforts to create a well-planned city, Streamline also supports Strategic Plan Vision 6.0 A Sustainable Environment, specifically with regards to Goal 6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) Emissions. Transportation is the only category that showed negative progress from the last climate plan; thus much more work needs to be done in this area. A good transit system helps foster solutions for the housing crisis, community health, inclusivity, equity, and diversity. Read-Only Content Name #1 Montana Department of Transportation Amount $ $1,592,684 Name #2 MSU's President's Office Amount $ $161,000 (including $50,000 from parking fees) Name #3 Associated Students of MSU Amount # $250,000 (estimated, tied to student enrollment numbers) FY 2024 Grant Agreement – HRDC IX, Bozeman Streamline Exhibit A 156 Read-Only Content Full Name Sunshine Ross Phone 4065872434 Email Address sross@thehrdc.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – HRDC IX, Bozeman Streamline Exhibit A 157 V 9 7 22 FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements Page 1 CITY OF BOZEMAN GRANT AGREEMENT Montana Conservation Corps Kirk Hill Trail Improvements 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 Montana Conservation Corps, a non-profit organization located at 301 N. Willson Ave., Bozeman, MT 59715 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, Montana Conservation Corps submitted a proposal to the City Commission for a grant of $33,000 for restoration work on Kirk Hill Trail to increase safety, accessibility, and enjoyment of the trail (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 protecting our natural environment, open spaces, and parks systems, addressing the impacts of increased human population, providing a variety of recreational opportunities, and supporting long-term ecological health all of which are aligned with the goals of the City’s Community Plan; and WHEREAS, on July 11, 2023, the Commission appropriated $10,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to ten thousand dollars ($10,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.Use of Grant Funds. Grant funds in the amount of up to ten thousand dollars ($10,000) will be used by GRANTEE for the sole purpose of funding restorative work on Kirk Hill Trail as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and service city of Bozeman 158 V 9 7 22 FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements Page 2 residents. Eligible expenses must be requested for reimbursement no later than July 20th following the expiration of this Agreement. 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2024 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. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. 159 V 9 7 22 FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements Page 3 c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim 160 V 9 7 22 FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements Page 4 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. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 161 V 9 7 22 FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements Page 5 Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: 162 V 9 7 22 FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements Page 6 • 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. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s 163 V 9 7 22 FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements 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. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court 164 V 9 7 22 FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements Page 8 of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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:___________________________ 165 V 9 7 22 FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements Page 9 GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 166 V 9 7 22 FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements Exhibit A Exhibit A Grant Proposal Grant Project Overview: Montana Conservation Corps (MCC) inspires young people through hands-on conservation service to be leaders, stewards of the land, and engaged citizens who improve their communities. MCC participants (AmeriCorps members) improve trails, remove noxious weeds, restore watersheds, and reduce wildfire fuels across our public lands. MCC will ensure safe, equitable access to the city’s trail systems for all residents. Leveraging our respective expertise, MCC, Gallatin Valley Land Trust (GVLT), and MSU Alumni Foundation propose a restoration project on Kirk Hill Trail to increase safety, accessibility, and enjoyment of the trail through structural improvements. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $10,000. This grant must be used to support a six-person MCC field crew and GVLT staff to complete 3 weeks of restoration work in Spring 2024 to: 1) Reconstruct the chimney section to improve the heavily eroded corridor providing public access between private land holdings; 2) Rebuild boardwalk in boggy areas to provide a safe route and protect flora; and 3) Replace a bridge situated over an irrigation ditch. 167 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award MT CONSERVATION CORPS Date:Monday, May 15, 2023 2:43:56 PM Thank you, From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Monday, May 15, 2023 2:40 PM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2436136 IP Address:174.215.22.107 Submission Date:05/15/2023 2:40 Survey Time:28 minutes, 15 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name Montana Conservation Corps Entity's Physical Address 301 N. Willson Ave. Bozeman, MT 59715 Number of Years of Operation as a Non-Profit Organization 32 years (since 1991) Link to Most Recent Annual Financial Report https://www.mtcorps.org/file_download/inline/bdc93a73-6350-4039-8178-8149262119b2 FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements Exhibit A 168 Dollar Amount Requested for the Fiscal Year $33,000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit Montana Conservation Corps (MCC) inspires young people through hands-on conservation service to be leaders, stewards of the land, and engaged citizens who improve their communities. MCC participants (AmeriCorps members) improve trails, remove noxious weeds, restore watersheds, and reduce wildfire fuels across our public lands. MCC will ensure safe, equitable access to the city’s trail systems for all residents. Leveraging our respective expertise, MCC, Gallatin Valley Land Trust (GVLT), and MSU Alumni Foundation propose a restoration project on Kirk Hill Trail to increase safety, accessibility, and enjoyment of the trail through structural improvements. Funds will support a six-person MCC field crew and GVLT staff to complete 3 weeks of restoration work in Spring 2024 to: 1) Reconstruct the chimney section to improve the heavily eroded corridor providing public access between private land holdings; 2) Rebuild boardwalk in boggy areas to provide a safe route and protect flora; and 3) Replace a bridge situated over an irrigation ditch. GVLT has received an additional grant to rebuild the kiosk and grade the parking lot at Kirk Hill, providing additional improvements. This project is directly aligned with the goals of the City’s Community Plan and Gallatin Valley Sensitive Lands Protection Plan, including: to protect our natural environment, open spaces, and parks system; address the impacts of increased human population; provide a variety of recreational opportunities; and support long-term ecological health. Bozeman residents identified trail maintenance as the most important unmet need by a large margin in the Bozeman 2022 Parks & Recreation survey, illustrating the urgency of preserving our local trails, particularly those that are heavily trafficked like Kirk Hill. Significant structural improvements to Kirk Hill will increase residents’ ability to access the trail and navigate it safely, and will preserve this beloved area for years to come. Read-Only Content Name #1 Montana State University Alumni Foundation Amount $ $5,000 - Materials for project Name #2 Gallatin Valley Land Trust Amount $ $7,500 total ($4,500 for this project) - 20 hrs. staff time for project supervision; tools; and grant funds to rebuild the kiosk and grade parking lot (grant = $5,000 total; $2,000 for this project) Name #3 Montana Conservation Corps Amount # $23,500 - In-kind valuation of 18 MCC AmeriCorps members for 3 weeks total of labor plus benefits FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements Exhibit A 169 Read-Only Content Full Name Maddy Brown Phone 3019155292 Email Address maddy@mtcorps.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – Montana Conservation Corps Kirk Hill Trail Improvements Exhibit A 170 V 9 7 22 FY 2024 Grant Agreement – Montana Immigrant Justice Alliance Operational Grant Page 1 CITY OF BOZEMAN GRANT AGREEMENT Montana Immigrant Justice Alliance Operational Grant 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 Montana Immigrant Justice Alliance, a non- profit organization located at 234 E. Babcock Street Suite G, Bozeman, MT 59715 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, Montana Immigrant Justice Alliance submitted a proposal to the City Commission for a grant of $20,000 for operational support (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 providing support to immigrants in Gallatin Valley in alignment with the City of Bozeman’s Strategic Plan (3.2); and WHEREAS, on July 11, 2023, the Commission appropriated $20,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to twenty thousand dollars ($20,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.Use of Grant Funds. Grant funds in the amount of up to twenty thousand dollars ($20,000) will be used by GRANTEE for the sole purpose of operational support as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and service city of Bozeman residents. Eligible expenses must be requested for reimbursement no later than July 20th following the expiration of this Agreement. 171 V 9 7 22 FY 2024 Grant Agreement – Montana Immigrant Justice Alliance Operational Grant Page 2 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2024 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. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. GRANTEE agrees 172 V 9 7 22 FY 2024 Grant Agreement – Montana Immigrant Justice Alliance Operational Grant Page 3 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, 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 173 V 9 7 22 FY 2024 Grant Agreement – Montana Immigrant Justice Alliance Operational Grant Page 4 damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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 174 V 9 7 22 FY 2024 Grant Agreement – Montana Immigrant Justice Alliance Operational Grant Page 5 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; • 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 175 V 9 7 22 FY 2024 Grant Agreement – Montana Immigrant Justice Alliance Operational Grant Page 6 Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must 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 176 V 9 7 22 FY 2024 Grant Agreement – Montana Immigrant Justice Alliance Operational Grant Page 7 request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 177 V 9 7 22 FY 2024 Grant Agreement – Montana Immigrant Justice Alliance Operational Grant Page 8 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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 178 V 9 7 22 FY 2024 Grant Agreement – Montana Immigrant Justice Alliance Operational Grant Exhibit A Exhibit A Grant Proposal Grant Project Overview: Montana Immigrant Justice Alliance (MIJA) our mission is to support immigrants in the Gallatin Valley and their families during these times of insecurity, increased deportations, family separations, racial profiling, and hostility. MIJA provides support to Bozeman area immigrants in the following ways: connecting families to relevant resources for stable housing, food, etc; providing free warm clothing during winter months; translation services; community building events; enrichment programs for youth; community garden; emergency housing relief. MIJA’s funding request is for operational support. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $20,000. This grant must be used on operating expenses. 179 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award MT IMMIGRANT JUSTICE ALLIANCE Date:Monday, May 15, 2023 4:34:04 PM Thank you, From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Monday, May 15, 2023 4:22 PM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2436554 IP Address:69.163.84.37 Submission Date:05/15/2023 4:21 Survey Time:19 minutes, 20 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name Montana Immigrant Justice Alliance Entity's Physical Address 234 E Babcock Street Suite G Bozeman, MT 59715 Number of Years of Operation as a Non-Profit Organization 15 Link to Most Recent Annual Financial Report https://drive.google.com/file/d/10yrHG5WdhT56AKn4AG8yIMxpqJjhtrTJ/view?usp=share_link FY 2024 Grant Agreement – Montana Immigrant Justice Alliance Operational Grant Exhibit A 180 Dollar Amount Requested for the Fiscal Year 20,000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit In recent years, the immigrant community in the Bozeman area has rapidly increased. Many members of the immigrant community, which is predominantly Hispanic/Latino, experience various bases of marginalization and, as a result, are particularly vulnerable. Compounding this vulnerability is the tenuous working situation of many of these individuals, who often work multiple part-time jobs to support their families, and are nonetheless ineligible to receive many standard full-time benefits. So often this vulnerable population is left behind with no safety net. At Montana Immigrant Justice Alliance (MIJA) our mission is to support immigrants in the Gallatin Vallery and their families during these times of insecurity, increased deportations, family separations, racial profiling, and hostility. MIJA provides support to Bozeman area immigrants in the following ways: connecting families to relevant resources for stable housing, food, etc; providing free warm clothing during winter months; translation services; community building events; enrichment programs for youth; community garden; emergency housing relief. This grant request will help to bring these essential services to immigrants in Bozeman by providing operational funding for the organization. Read-Only Content Name #1 Donations from Individuals Amount $ $4,000 Name #2 Grants from Foundations (pending approval) Amount $ $10,000 Name #3 Amount # Read-Only Content Full Name Susie Rodriguez Phone 4065794132 FY 2024 Grant Agreement – Montana Immigrant Justice Alliance Operational Grant Exhibit A 181 Email Address saludycomunidadmt@gmail.com Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – Montana Immigrant Justice Alliance Operational Grant Exhibit A 182 V 9 7 22 FY 2024 Grant Agreement – One Valley Community Foundation Regional Housing Coalition Page 1 CITY OF BOZEMAN GRANT AGREEMENT One Valley Community Foundation Regional Housing Coalition 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 One Valley Community Foundation, a non- profit organization located at 865 Technology Blvd. Ste B, Bozeman, MT 59718 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, One Valley Community Foundation submitted a proposal to the City Commission for a grant of $30,000 for the ongoing planning, implementation, and project design of the Regional Housing Coalition (RHC) (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 expanding civic engagement, inclusiveness, and network activation towards housing solutions in alignment with the City of Bozeman’s 2020 Community Plan; and WHEREAS, on July 11, 2023, the Commission appropriated $20,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to twenty thousand dollars ($20,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.Use of Grant Funds. Grant funds in the amount of up to twenty thousand dollars ($20,000) will be used by GRANTEE for the sole purpose of funding ongoing planning, implementation, and project design of the Regional Housing Coalition as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and service city of Bozeman residents. 183 V 9 7 22 FY 2024 Grant Agreement – One Valley Community Foundation Regional Housing Coalition Page 2 4. Payment of Grant Funds a. The City will remit the Grant funds to the GRANTEE following the execution of this Agreement. b. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. GRANTEE agrees to develop and/or provide such other documentation as requested by the City 184 V 9 7 22 FY 2024 Grant Agreement – One Valley Community Foundation Regional Housing Coalition Page 3 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, 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 185 V 9 7 22 FY 2024 Grant Agreement – One Valley Community Foundation Regional Housing Coalition Page 4 damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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. 186 V 9 7 22 FY 2024 Grant Agreement – One Valley Community Foundation Regional Housing Coalition Page 5 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; • 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 187 V 9 7 22 FY 2024 Grant Agreement – One Valley Community Foundation Regional Housing Coalition Page 6 City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must 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 188 V 9 7 22 FY 2024 Grant Agreement – One Valley Community Foundation Regional Housing Coalition Page 7 handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 189 V 9 7 22 FY 2024 Grant Agreement – One Valley Community Foundation Regional Housing Coalition Page 8 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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 190 V 9 7 22 FY 2024 Grant Agreement – One Valley Community Foundation Regional Housing Coalition Exhibit A Exhibit A Grant Proposal Grant Project Overview: In its inaugural year, One Valley Community Foundation’s Regional Housing Coalition (RHC), will identify shared community priorities among diverse partners in Gallatin County and implement solutions to address housing needs. The RHC will amplify community voices and aid the City in identifying necessary changes to the Unified Development Code that prioritizes community-driven solutions to housing affordability, housing density, and development review processes. One Valley Community Foundation’s funding request is for the ongoing planning, implementation, and project design of the RHC. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $20,000. This grant must be used to fund the ongoing planning, implementation, and project design of the Regional Housing Coalition; costs associated with holding meetings and learning events in rural communities; and staff time to meet with community members to understand local needs and present the needs of our communities to decision makers and civic leaders at the local, county, and state level. 191 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award ONE VALLEY Date:Monday, May 15, 2023 8:23:02 AM Thank you, From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Friday, May 12, 2023 10:55 AM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2430567 IP Address:174.45.90.48 Submission Date:05/12/2023 10:55 Survey Time:12 minutes, 12 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name One Valley Community Foundation Entity's Physical Address 865 Technology Blvd Ste B Bozeman, MT 59718 Number of Years of Operation as a Non-Profit Organization 25 Link to Most Recent Annual Financial Report https://drive.google.com/file/d/17GxW5FeFlPluh9gHRNpE33z6g8Q8OQuD/view?usp=share_link FY 2024 Grant Agreement – One Valley Community Foundation Regional Housing Coalition Exhibit A 192 Dollar Amount Requested for the Fiscal Year $30,000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit In its inaugural year, One Valley Community Foundation’s Regional Housing Coalition (RHC), will identify shared community priorities among diverse partners in Gallatin County and implement solutions to address housing needs. In alignment with the 2020 Community Plan’s principles and themes, such as balancing the interests of existing residents and new developments and preserving and increasing the community’s resiliency, the RHC is structured to convene the public, policymakers, funders, private entities, nonprofit leaders, and others in one room to expand civic engagement, inclusiveness, and network activation towards housing solutions. The RHC will amplify community voices and aid the City in identifying necessary changes to the Unified Development Code that prioritizes community-driven solutions to housing affordability, housing density, and development review processes. Barriers to providing housing are present in policy, lending, building, contracting, etc. and multiple efforts are being made to address pieces of a complex and multifaceted housing crisis. However, there has not been an entity coordinating these efforts and bringing together the necessary parties to define the nuanced problem or implement a suite of solutions. By convening relevant parties, ensuring the voices of those most impacted by these barriers are heard, and providing the infrastructure to develop community-driven solutions, the RHC will create a long-term mechanism for utilizing civic engagement to solve a critical issue in our region. To accomplish this work, a $30,000 grant from the City of Bozeman would be used for the ongoing planning, implementation, and project design of the Regional Housing Coalition; costs associated with holding meetings and learning events in rural communities; and staff time to meet with community members to understand local needs and present the needs of our communities to decision makers and civic leaders at the local, county, and state level. Read-Only Content Name #1 Montana Healthcare Foundation Amount $ $100,000 Name #2 The Rieshcel Foundation Amount $ $15,000 Name #3 Amount # Read-Only Content FY 2024 Grant Agreement – One Valley Community Foundation Regional Housing Coalition Exhibit A 193 Full Name Luis Islas Phone 4065876262 Email Address luis@onevalley.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – One Valley Community Foundation Regional Housing Coalition Exhibit A 194 V 9 7 22 FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide Page 1 CITY OF BOZEMAN GRANT AGREEMENT Roots Family Collaborative Roots Perinatal Resource Guide 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 Roots Family Collaborative, a non-profit organization located at 110 S. Grand Ave., Bozeman, MT 59715 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, Roots Family Collaborative submitted a proposal to the City Commission for a grant of $15,000 for the production and distribution of the 2024 edition of the Roots Perinatal Resource Guide (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 connecting families to the support they need from pregnancy to parenthood in alignment with the City of Bozeman’s Strategic Plan (3.2); and WHEREAS, on July 11, 2023, the Commission appropriated $15,000 for the Project. THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to fifteen thousand dollars ($15,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2. Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3. Use of Grant Funds. Grant funds in the amount of up to fifteen thousand dollars ($15,000) will be used by GRANTEE for the sole purpose of funding the production and distribution of the 2024 edition of the Roots Perinatal Resource Guide as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and service city of Bozeman residents. Eligible expenses must be 195 V 9 7 22 FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide Page 2 requested for reimbursement no later than July 20th following the expiration of this Agreement. 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2024 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. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. 196 V 9 7 22 FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide Page 3 c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim 197 V 9 7 22 FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide Page 4 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. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 198 V 9 7 22 FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide Page 5 Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: 199 V 9 7 22 FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide Page 6 • 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. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s 200 V 9 7 22 FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide 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. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court 201 V 9 7 22 FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide Page 8 of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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:___________________________ 202 V 9 7 22 FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide Page 9 GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 203 V 9 7 22 FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide Exhibit A Exhibit A Grant Proposal Grant Project Overview: The mission at Roots is to connect all families to the support they need from pregnancy to parenthood. The most effective way to support parents is to connect them with the right resources at the right time. To provide this Roots Family Collaborative curates, prints, and distributes an annual Perinatal Resource Guide which highlights the multifaceted components of optimal perinatal health which exists in our community including: mental health providers, home visiting nurses, lactation support, midwives, family practice, psychiatrists, massage therapists, support groups, doulas, naturopaths, OB/GYNs, etc. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $15,000. This grant must be used to fund the production and distribution of the 2024 edition of the Roots Perinatal Resource Guide. 204 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award ROOTS FAMILY COLLABORATIVE Date:Monday, May 15, 2023 9:22:17 AM Thank you, From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Monday, May 15, 2023 9:19 AM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2434486 IP Address:69.163.84.37 Submission Date:05/15/2023 9:18 Survey Time:12 minutes, 20 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name Roots Family Collaborative Entity's Physical Address 110 S Grand Ave Bozeman, MT 59715 Number of Years of Operation as a Non-Profit Organization 6 Link to Most Recent Annual Financial Report https://drive.google.com/file/d/1C2HqIm6nPDITXhJQQTuicInvtlLow85u/view?usp=share_link FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide Exhibit A 205 Dollar Amount Requested for the Fiscal Year $15,000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit Roots Family Collaborative, a 501 (c) (3) serving the Bozeman community is requesting funding to support the production and distribution of the 2024 edition of the Roots Perinatal Resource Guide. The mission at Roots is to connect all families to the support they need from pregnancy to parenthood. Our community has many resources for new and expecting families. The most effective way to support parents is to connect them with the right resources at the right time. To provide this we curate, print and distribute an annual Perinatal Resource Guide which highlights the multifaceted components of optimal perinatal health which exists in our community including: mental health providers, home visiting nurses, lactation support, midwives, family practice, psychiatrists, massage therapists, support groups, doulas, naturopaths, OB/GYNs, etc. The Resource Guide, currently in its 7th edition, is a trusted, essential resource which is published annually in partnership with Montana Parent Magazine through a combination of ad sales, application fees, and commitment from our annual budget. Providers and parents depend on its release each January as it represents a commitment to addressing perinatal mental health on a community level, breaks down the stigma and normalizes reaching out for help for all families in this unique developmental stage. The annual publication of the Guide is an invaluable resource in our community. In 2023 we printed 5000 copies, widely distributed for free throughout Gallatin and Park counties at provider offices and local businesses, including Bozeman Health, Billings Clinic, Livingston Healthcare, and Healthy Gallatin Home Visiting. Staff meet yearly with an advisory committee to review eligibility requirements, communicate and meet with providers, review applications, design, and distribute to local organizations. A link to the 2023 Perinatal Resource Guide is here: https://indd.adobe.com/view/bf54c325-baa6-4a8a-9f2c-1f0bee5cbb86 Read-Only Content Name #1 Local Providers (application fees) Amount $ $9,000 Name #2 Contributions from individual donors Amount $ $7,745 Name #3 Amount # Read-Only Content FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide Exhibit A 206 Full Name Suzanne Bendick Phone 4065700738 Email Address suzanne@rootsfamilycollaborative.com Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – Roots Family Collaborative Roots Perinatal Resource Guide Exhibit A 207 V 9 7 22 FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 1 CITY OF BOZEMAN GRANT AGREEMENT Suffer Out Loud Mental Health Care Scholarship 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 Suffer Out Loud, a non-profit organization located at 200 Hunters Way, Bozeman, MT 59718 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, Suffer Out Loud submitted a proposal to the City Commission for a grant of $30,000 to fund the Mental Health Care Scholarship (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 providing behavioral health services that are accessible to all in alignment with City of Bozeman’s Strategic Plan (3.2); and WHEREAS, on July 11, 2023, the Commission appropriated $15,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to fifteen thousand dollars ($15,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.Use of Grant Funds. Grant funds in the amount of up to fifteen thousand dollars ($15,000) will be used by GRANTEE for the sole purpose of funding the Mental Health Care Scholarship as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and service city of Bozeman residents. Eligible expenses must be requested for reimbursement no later than July 20th following the expiration of this Agreement. 208 V 9 7 22 FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 2 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2024 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. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a 209 V 9 7 22 FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 3 formal presentation that includes detail regarding use of Grant funds. 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. 210 V 9 7 22 FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 4 b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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 211 V 9 7 22 FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 5 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; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate 212 V 9 7 22 FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 6 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. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must 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 213 V 9 7 22 FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 7 taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 214 V 9 7 22 FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 8 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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: 215 V 9 7 22 FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 9 _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 216 V 9 7 22 FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Exhibit A Exhibit A Grant Proposal Grant Project Overview: Suffer Out Loud is a Bozeman-based non-profit committed to reducing suicide rates in Montana and shifting the stigma around mental health. The organization’s core initiative is the Counseling Scholarship Program. Suffer Out Loud’s funding request is for support of the Mental Health Care Scholarship which provides additional scholarship funding for counseling services. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $15,000. This grant must be used to fund the Mental Health Care Scholarship. 217 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award SUFFER OUT LOUD Date:Monday, May 15, 2023 3:59:53 PM Thank you, From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Monday, May 15, 2023 3:54 PM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2436448 IP Address:174.45.66.251 Submission Date:05/15/2023 3:54 Survey Time:28 minutes, 11 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name Suffer Out Loud Entity's Physical Address 200 Hunters Way Bozeman, MT 59718 Number of Years of Operation as a Non-Profit Organization 7 Link to Most Recent Annual Financial Report https://drive.google.com/file/d/1DMN3hdlAgHoosqF3e9-XZzERHwbXziAZ/view?usp=sharing FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Exhibit A 218 Dollar Amount Requested for the Fiscal Year 30,000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit We are a Bozeman-based nonprofit committed to reducing suicide rates in Montana and shifting the stigma around mental health. For the past 30 years, Montana has had one of the highest suicide rates in the nation – at nearly double the national rate. Several factors are believed to contribute to this, including social isolation, lack of behavioral health services, and a persistent stigma surrounding mental illness. Our core initiative is our Counseling Scholarship Program. Through this program, we offer scholarships that cover 12 sessions with a licensed mental health professional free of charge for at-risk individuals who cannot afford such services without our financial assistance. Since our inception in 2017, Suffer Out Loud has granted Counseling Scholarships to over 80 individuals. We are aiming to provide 40 additional scholarships by the end of 2023. Due to the demand in our scholarships, we have shifted our application process from quarterly to monthly. This shift is essential in making sure folx who need help can obtain it promptly. Suffer Out Loud is requesting $30,000 in funding for use towards our Mental Health Care Scholarship. Currently, we are able to offer 3 to 5 scholarships on a monthly basis; however, our long term goal is to offer scholarships on a rolling basis and this funding would help us in moving one step forward toward achieving our goal. In your priority to become a city for CEDAW, we help by making our application process accessible to all. There are no limitations for those who wish to apply. Our hope is that this opens doors for marginalized folx to apply for funding to see a provider of their choice. We know how important it is to find the right fit when speaking with a therapist and how that is not always possible when forced to seek free or sliding fee care. This work speaks to both your CEDAW, and Community and Support Services goals. We aim to make it possible for all community members to seek help when it is needed most. Read-Only Content Name #1 MJ Murdock Charitable Trust Amount $ 64,000 Name #2 Health Equity Assistance Fund Amount $ 5,000 Name #3 Gilhousen Foundation Amount # 2,500 FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Exhibit A 219 Read-Only Content Full Name Danielle Sather Phone 4062206832 Email Address dani@sufferoutloud.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Exhibit A 220 V 9 7 22 FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) Initiative Page 1 CITY OF BOZEMAN GRANT AGREEMENT World Language Initiative Bozeman English Learner Literacy (BELLA) Initiative 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 World Language Initiative – Montana (WLI), a non-profit organization located at 111 South Grand Avenue Room 202, Bozeman, MT 59715 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, World Language Initiative - Montana submitted a proposal to the City Commission for a grant of $60,000 for its Bozeman English Learner Literacy (BELLA) Initiative (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 providing access to essential literacy skill building and community connections in alignment with the City of Bozeman’s Strategic Plan and equity and inclusion initiatives; and WHEREAS, on July 11, 2023, the Commission appropriated $30,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to thirty thousand dollars ($30,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.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 support the Bozeman English Learner Literacy Initiative as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and service 221 V 9 7 22 FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) Initiative Page 2 city of Bozeman residents. Eligible expenses must be requested for reimbursement no later than July 20th following the expiration of this Agreement. 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2024 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. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. 222 V 9 7 22 FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) Initiative Page 3 c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim 223 V 9 7 22 FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) Initiative Page 4 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. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 224 V 9 7 22 FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) Initiative Page 5 Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: 225 V 9 7 22 FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) Initiative Page 6 • 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. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s 226 V 9 7 22 FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) Initiative 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. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court 227 V 9 7 22 FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) Initiative Page 8 of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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:___________________________ 228 V 9 7 22 FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) Initiative Page 9 GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 229 V 9 7 22 FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) InitiativeExhibit A Exhibit A Grant Proposal Grant Project Overview: Now in its 3rd year of operations, BELLA has served 239 Spanish-speaking youth and adult newcomers in the areas of literacy, social-emotional support, and enrichment equity. BELLA’s adult and youth programs create access to essential literacy skill building as well as community connections, the results of which help address and overcome racial, socio-economic and education disparities. WLI’s funding request is for financial support of the BELLA initiative. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $30,000. This grant must be used to support the Bozeman English Learner Literacy Initiative. 230 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award WORLD LANGUAGE INITIATIVE Date:Monday, May 15, 2023 2:43:21 PM Thank you, From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Monday, May 15, 2023 2:35 PM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2436117 IP Address:69.145.230.189 Submission Date:05/15/2023 2:34 Survey Time:56 minutes, 59 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name World Language Initiative - Montana (WLI) Entity's Physical Address 111 South Grand Avenue Room 202 Bozeman, MT 59715 Number of Years of Operation as a Non-Profit Organization 6 Link to Most Recent Annual Financial Report https://www.wlimt.org/uploads/1/2/3/4/123462265/wli-annual_report_2021-22__final_version-highres_.pdf FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) InitiativeExhibit A 231 Dollar Amount Requested for the Fiscal Year $60,000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit WLI requests funding for its Bozeman English Learner Literacy Alliance (BELLA) Initiative, a program contributing to a vibrant and equitable Bozeman. Now in its 3rd year of operations, BELLA has served 239 Spanish-speaking youth and adult newcomers in the areas of literacy, social-emotional support, and enrichment equity. WLI’s programming is aligned with the City’s goals adopted within its Strategic Plan; namely its commitment to community and support services, as well as principles of celebration and engagement in areas of Diversity, Equity and Inclusion (DEI). These goals reference the importance of increased belonging, access to City programs and increased civic participation among disadvantaged and minority community members. BELLA’s adult and youth programs create access to essential literacy skill building as well as community connections, the results of which help address and overcome racial, socio-economic and education disparities. If funded, BELLA will continue its no-cost literacy programs, and through its existing partnership with the Bozeman Public Library, which currently supports access to library materials and activities via our K-5 summer camps, grow to include a Family Literacy Night component. From July 2023 to June 2024, our goal is to serve a projected 125 adult and youth community members, representing a 25% delivery increase. DEI principles are inherently embedded in the BELLA Initiative: we serve a minority population that increases diversity in Bozeman; we establish equity of opportunity in education, enrichment, and workforce development; and we provide an inclusive experience for a community that is often marginalized by linguistic, economic and cultural barriers. Through BELLA and its collaboration with community partners, WLI provides vital support services to a rapidly growing and key segment of Bozeman’ s diversifying population. We believe this work benefits not only the individual participants but the greater community as a whole. Read-Only Content Name #1 Athur M. Blank Foundation Amount $ $20,000 Name #2 Dennis & Phyllis Washington Foundation Amount $ $5,000 Name #3 One Valley Community Foundation Amount # $2,000 FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) InitiativeExhibit A 232 Read-Only Content Full Name Elizabeth Williamson Phone 4064146419 Email Address elizabeth.williamson@wlimt.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – World Language Initiative Bozeman English Learner Literacy (BELLA) InitiativeExhibit A 233 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Taylor Lonsdale, Engineer III Shawn Kohtz, City Engineer Nick Ross, Transportation and Engineering Director SUBJECT:Authorize the City Manager to Sign a Notice of Award and Contract Documents for the 2023 N 19th Shared Use Path Improvements to K2 Ventures, Inc., for the Purpose of Constructing Missing Sections of Shared Use Pathway Along North 19th Avenue MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Notice of Award and contract documents for the 2023 N 19th Shared Use Path Improvements to K2 Ventures, Inc., in the amount of $153,438.41 STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project. The project generally includes: construction of a 10-foot wide shared use pathway along the east side of North 19th Avenue between Baxter Lane and Deadman’s Gulch where the pathway is currently missing or unusable due to its location through wetland areas. The contract is to be completed within 30 calendar days of the issuance of the notice to proceed. Bids for the above-referenced project were opened on August 3, 2023 with 1 bid being submitted. The bid was submitted by K2 Ventures, Inc. in the amount of $153,438.41 for the base bid schedule 1 work. The Bid Tabulation for the project is attached. This bid is commensurate with the work involved. Executed contract documents will be available online and retained in the City Clerk’s office. UNRESOLVED ISSUES:None ALTERNATIVES:Disapprove FISCAL EFFECTS:This project will be paid for with approved funding from fund STR132 234 (Bicycle and Pedestrian Project) Attachments: AWARD.docx BidWorksheet_8592745_Eval (1).pdf Signerd Bid Tab.pdf AGREEMENT.pdf Report compiled on: September 11, 2023 235 NOTICE OF AWARD Dated: __________________________ TO: K2 Ventures, Inc ADDRESS: P.O. Box 9, Belgrade, MT 59714 PROJECT: 2023 N 19th Shared Use Path Improvements CONTRACT FOR: Schedule 1 You are notified that your Bid dated August 3 rd, 2023, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for 2023 N 19th Shared Use Path Improvements. The Contract Price of your Contract is:one hundred fifty three thousand four hundred thirty eight and 41/100 Dollars ($153,438.41). Three copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by _______ . 1.You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2.You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC-5.02). 3.List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________BY: ____________________________ (CITY MANAGER)(CITY CLERK) DATE: _______________________________ 236 N 19th Shared Use Pathway Improvements (#8592745) Owner: Bozeman MT, City of Solicitor: Bozeman MT, City of 08/03/2023 02:00 PM MDT Engineer Estimate K2 Ventures Section Tit Line Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Schedule 1 $109,108.80 $148,438.41 101 101 Taxes, Bonding, Insurance LS 1 $4,000.00 $4,000.00 $14,541.40 $14,541.40 102 102 Mobilization LS 1 $8,000.00 $8,000.00 $4,787.00 $4,787.00 103 103 Unclassified Excavation above subgrade Cu Yd 162 $35.00 $5,670.00 $65.00 $10,530.00 104 104 Wetland Excavation Cu Yd 100 $50.00 $5,000.00 $68.00 $6,800.00 105 105 Geotextile separation fabric Sq Yd 932 $1.15 $1,071.80 $1.20 $1,118.40 106 106 6" Minus Subbase course Cu Yd 263 $42.00 $11,046.00 $49.00 $12,887.00 107 107 1.5" Minus Crushed base course Cu Yd 433 $47.00 $20,351.00 $57.17 $24,754.61 108 108 1.5" Minus wetland fill material Cu Yd 100 $50.00 $5,000.00 $57.00 $5,700.00 109 109 Asphalt Concrete Pavement 2.5" Thickness Sq Yd 810 $37.00 $29,970.00 $48.00 $38,880.00 110 110 12" Class 3 RCP Pipe w/ F.E.T.S. Ln Ft 24 $500.00 $12,000.00 $700.00 $16,800.00 111 111 Construction Traffic COntrol LS 1 $7,000.00 $7,000.00 $11,640.00 $11,640.00 Miscellaneous Work $5,000.00 $5,000.00 112 112 Miscellaneous Work Ea 5000 $1.00 $5,000.00 $1.00 $5,000.00 Base Bid Total:$114,108.80 $153,438.41 237 NAME & ADDRESS Contractor License # Bid K2 Ventures Inc 2545 Spain Bridge Rd Belgrade, MT 59714 Registration number pending Present and Signed Pre sen t $ 153,438.41 Mike Maas Karl Johnson City Clerk Engineer Bid Check:Delivered to Finance:Accepted By:Date: 1 2 3 4 City of Bozeman BID - N 19th Ave Pathway Opened and read aloud, Thursday, August 3, 2023 at 2:00 p.m. NON-DISCRIMINATION AFFIRMATION BID BOND DocuSign Envelope ID: 065F4D2B-194F-4293-9010-4D409F07EA8E 238383 AGREEMENT FORM THIS AGREEMENT is dated as of the day of ________ in the year 2023, by and between CITY OF BOZEMAN, hereinafter called OWNER, and __K2 Ventures, Inc.___ hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Improvements to and construction of a 10- foot wide shared use pathway along North 19th Avenue, installation of a storm drainage culvert and wetland excavation and regrading. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: N 19th Ave Trail Improvements Project, City of Bozeman. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 30 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of ______One Hundred Fifty Three Thousand Four Hundred Thirty Eight & 41/100____ ($153,438.41). Article 4. PAYMENT PROCEDURES. 239 CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 240 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 CONTRACTOR 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 in the performance of work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR’S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Seventh Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 with addenda (by reference). 7.12 Appendices 241 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. 7.22 Non-discrimination affirmation form. 7.23 Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either 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 or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made 242 in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) By (SEAL &) (ATTEST) Title _____________________________ (JOINT VENTURE) By (SEAL &) (ATTEST) Title _____________________________ City of Bozeman (OWNER) By _____________________________ (CITY MANAGER) (SEAL &) (ATTEST) _____________________________ APPROVED AS TO FORM: ________________________________ (CITY ATTORNEY) 243 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III John Alston, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Construction Agreement with DS Jr. Trucking Inc. to Relocate Slash Piles at the Upper Helicopter Landing on City Property in Sourdough Canyon MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Construction Agreement with DS Jr. Trucking Inc. to Relocate Slash Piles at the Upper Helicopter Landing on City Property in Sourdough Canyon. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The U.S. Forest Service (USFS) recently awarded a service contract to complete helicopter fuels reduction treatments for its Bozeman Municipal Watershed Project. An existing MOU between the City and USFS provides for USFS use of City land in Sourdough Creek watershed to support its helicopter fuels reduction operations. The work completed summer 2021 by the City with Phase 1 of the Sourdough Fuels Reduction project provided construction of a temporary access road and a clearing (referred to as the ‘upper helicopter landing’) to support future City and USFS helicopter fuels reduction treatments by providing adequate space for helicopter log landing, processing and decking site. Slash piles from the City’s Phase 1 work remain at the clearing and must be relocated by the end of this October to a new location on City property that is accessed by the temporary road to provide space for the USFS helicopter contractor. Piles must be relocated to provide adequate space for the USFS helicopter contractor to begin its operations in November. Once the slash is relocated, it will be burned by the City this fall or winter during suitable burning conditions. In accordance with the City’s purchasing policy, the City requested quotes from three contractors to relocate the two large slash piles that are currently at the clearing. DS Jr. Trucking Inc. provided the lowest price at a total cost of $10,000. Of note is that DS Jr Trucking Inc. was the City’s Phase 1 contractor who constructed the temporary road, and created the clearing and slash piles; so is familiar with the area and level of effort required to relocate the slash. DS Jr Trucking Inc. is also subcontracted to the USFS 244 helicopter contractor to complete forest road maintenance work and to haul logs off to the Livingston mill that are cut and flown by the helicopter contractor. The attached construction agreement with DS Jr. Trucking Inc. sets out the contract for this work. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The contract comes at a total cost of $10,000 and will be funded by unobligated budget authority in the FY24 Water Fund for project W63 – Sourdough Fuels Reduction. Approximately $85,000 of unobligated budget authority remains for project W63 so sufficient funding exists to cover this $10,000 contract cost. Attachments: Agreement w DS Trucking Inc.pdf Report compiled on: September 14, 2023 245 Construction Agreement for Relocation of Slash Piles Page 1 of 16 CONSTRUCTION AGREEMENT This Construction Agreement is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self- governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, _DS Jr. Trucking, Inc., P.O. Box 1494, Big Timber, MT 59011, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Work to be Performed: a. A description of the work to be performed: Relocation of two (2) slash piles on City property in the NE1/4 Sec. 18, T3S, R6E. The approximate location of the two piles and the general location identified for relocation are depicted on the attached ‘Exhibit A’. The slash piling at its relocated location shall be acceptable to the City’s consultant Forest Officer, Gary Peck, and be completed prior to October 31, 2023. b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications. c. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. d. During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project. 246 Construction Agreement for Relocation of Slash Piles Page 2 of 16 2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement. 3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than October 31, 2023. Time is of the essence of completion of all work and each phase of the Construction Project. 4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor’s failure to complete the Construction Project on time. 5. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of ten thousand Dollars ($10,000.00) b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all “punch list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty (30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 6. Inspection and Testing: a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the 247 Construction Agreement for Relocation of Slash Piles Page 3 of 16 work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s performance of the remaining portions of the Construction Project. In the event City takes possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions of the Construction Project. 8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the opportunity to perform the related work, and shall properly coordinate the Contractor’s work on the Construction Project with the related work. 9. Contractor’s Warranties: Contractor represents and warrants as follows: a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. 248 Construction Agreement for Relocation of Slash Piles Page 4 of 16 b. All workmanship and materials shall be of a kind and nature acceptable to the City. c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until the completion of the Construction Project. f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be 249 Construction Agreement for Relocation of Slash Piles Page 5 of 16 caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of the Construction Project. k. Contractor’s performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation of existing machinery or equipment. l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 10. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 11. Suspension: a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Project, including those portions on which work has been suspended. 250 Construction Agreement for Relocation of Slash Piles Page 6 of 16 c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement. 12. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the Construction Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project. b. In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to 251 Construction Agreement for Relocation of Slash Piles Page 7 of 16 the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 12 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 12, Contractor shall, under no circumstances, be entitled 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 arising, or claimed to have arisen, as a result of the termination. 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease work on the Construction Project, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for the Construction Project, and make every reasonable effort to cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed, in progress, or in transit to the construction site. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property. d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled 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 arising, or claimed to have arisen, as a result of the termination. 252 Construction Agreement for Relocation of Slash Piles Page 8 of 16 14. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor 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 Contractor wants to assert a claim for damages of any kind or nature, Contractor shall 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 ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be _Brian Heaston, PE 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, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Davy Sheets or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 253 Construction Agreement for Relocation of Slash Piles Page 9 of 16 16. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 17. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 19. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 20. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor 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. The 254 Construction Agreement for Relocation of Slash Piles Page 10 of 16 Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor 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). Contractor 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. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Construction Project. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 22. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction Project to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take to resume work on the Construction Project shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the work on the Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 255 Construction Agreement for Relocation of Slash Piles Page 11 of 16 23. Subcontractors: a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City ordinances. Contractor shall supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work involving these chemicals may commence. 26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have 256 Construction Agreement for Relocation of Slash Piles Page 12 of 16 the right to inspect all such accounts and records, including but not limited to, Contractor’s records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds: a. Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. b. 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). c. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below the City 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 the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. e. In the event of an action filed against the 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. f. Contractor also waives any and all claims and recourse against the City, 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 [City’s] 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. 257 Construction Agreement for Relocation of Slash Piles Page 13 of 16 g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, Contractor shall at Contractor’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 the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. 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. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below: Workers’ Compensation – not less than statutory limits; 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; Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate; Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. 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. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 258 Construction Agreement for Relocation of Slash Piles Page 14 of 16 i. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) under this Agreement. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue. 29. 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 shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 33. Attorney’s Fees and Costs: In the event it becomes necessary for either Party 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 or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 34. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 259 Construction Agreement for Relocation of Slash Piles Page 15 of 16 36. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 38. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 43. 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. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. 260 Construction Agreement for Relocation of Slash Piles Page 16 of 16 CITY OF BOZEMAN, MONTANA CONTRACTOR By: _______________________________ By: Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney 261 18 City of Bozeman, Montana, Maxar, Microsoft EXHIBIT A SLASH PILE MAP City Government USFS Sections Existing slash pile Existing slash pile General area for relocation of existing slash piles Contractor to coordinate and conduct re-piling operations per direction of the City's Forest Officer, Gary Peck 262 Memorandum REPORT TO:City Commission FROM: Luke Kline, Parks and Recreation Contracts & Sports Parks Coordinator Mitch Overton, Parks and Recreation Department Director Kira Peters, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with Advantage Spraying Services, Inc. for Snow Removal Services in the Parks and Trails District MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Second Amendment to the Professional Services Agreement with Advantage Spraying Services, Inc. for Snow Removal Services in the Parks and Trails District. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND: On June 1, 2020, the Bozeman City Commission approved Resolution 5180 creating the Bozeman Parks and Trails Special District (District). To accomplish the District objectives the City has developed a multi-year District implementation plan designed to achieve steady calculated increases in level of service standards and sustainable maintenance practices in all City Parks. Beginning July 1, 2020 City’s Parks and Recreation Department assumed full responsibility for all of the District’s designated park properties including the addition of 235 acres of park land located within subdivision parks previously maintained by home owners/community associations. In September 2021, the Parks and Recreation Department conducted a request for proposals process to acquire professional services required to complete snow removal and additional maintenance services on parks in the District. After careful evaluation and review, Advantage Spraying Services, Inc. was determined to be a qualified, responsive and responsible vendor for Parks and Trails District Snow Removal Services contract. On November 16, 2021, the City entered into the Agreement with Advantage Spraying Services, Inc. The Agreement is effective for one year after the date of execution with the option to extend the agreement an additional year 263 upon mutual agreement. Advantage Spraying Services, Inc. has demonstrated the ability to provide comprehensive snow removal maintenance services for the City’s Parks and Trials District and will continue complete the services as defined and described in Attachment B: PSA Advantage Spraying Services Inc. The Attachment A PSA Amendment 2 Advantage Spraying Services, Inc. will extend the Agreement for an additional one (1) year period and shall terminate on November 16, 2024. In no case, however, may this agreement run longer than five (5) years from the original effective date. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS: Funding is currently allocated for this maintenance within the FY24 and FY25 budget in the Parks and Trails District Maintenance Fund account. Attachments: Attachment A PSA Amendment 2 Advantage Spraying Services Inc..pdf Attachment B PSA Advantage Spraying Services Inc. Snow Removal Service.pdf Report compiled on: September 11, 2023 264 Second Amendment to Professional Services Agreement for Snow Removal Advantage Spraying Services Inc. FY 2024 – FY 2025 Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Snow Removal Services dated November 16, 2021 (the “Agreement”) is made and entered into this _____ day of ____________, 2023, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Advantage Spraying Services Inc., 144 Wildcat Way, Bozeman MT 59718 hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Section 31 of the Agreement is replaced in its entirety with the following: 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one (1) year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. 2. Extension of Term: Section 31. Extensions: Professional Service Agreement between City and Contractor dated November 16, 2021 is extended for an additional one (1) year period. The Agreement shall terminate on November 16, 2024. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 265 Second Amendment to Professional Services Agreement for Snow Removal Advantage Spraying Services Inc. FY 2024 – FY 2025 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ADVANTAGE SPRAYING SERCICES INC. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 266 Professional Services Agreement for Advantage Spraying Services Inc. Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of November, 2021 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Advantage Spraying Services Inc., 144 Wildcat Way, Bozeman MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services in Exhibit A. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified and attached hereto as Exhibit B . Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5.Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 16th 267 Professional Services Agreement for Advantage Spraying Services Inc. Page 2 of 12 a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services 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 to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is 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. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 268 In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or Professional Services Agreement for Advantage Spraying Services Inc. Page 3 of 12 DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 269 damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. 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 City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City 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 the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the 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. Contractor also waives any and all claims and recourse against the City, 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 [City’s] 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 and the services performed hereunder. Professional Services Agreement for Advantage Spraying Services Inc. Page 4 of 12 DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 270 Professional Services Agreement for Advantage Spraying Services Inc. Page 5 of 12 In addition to and independent from the above, Contractor shall at Contractor’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 the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. 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. Contractor 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; •Automobile Liability - $1,000,000 property damage/bodily injury per accident; and •Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. 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. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 271 Professional Services Agreement for Advantage Spraying Services Inc. Page 6 of 12 to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled 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 arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 272 Professional Services Agreement for Advantage Spraying Services Inc. Page 7 of 12 be entitled 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 arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor 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 Contractor wants to assert a claim for damages of any kind or nature, Contractor shall 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 thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Luke Kline, Contracts Coordinator 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, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Patrick Doran or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 273 Professional Services Agreement for Advantage Spraying Services Inc. Page 8 of 12 designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor 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. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor 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). DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 274 Contractor 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. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall 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 the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. Professional Services Agreement for Advantage Spraying Services Inc. Page 9 of 12 DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 275 Professional Services Agreement for Advantage Spraying Services Inc. Page 10 of 12 18. 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. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party 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 or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.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. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 276 the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. 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. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than three years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Professional Services Agreement for Advantage Spraying Services Inc. Page 11 of 12 DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 277 Professional Services Agreement for Advantage Spraying Services Inc. Page 12 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Anna Saverud, Assistant City Attorney DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 Patrick Doran Advantage Spraying Services, Inc Vice-President 278 Page 1 of 23 REQUEST FOR PROPOSAL (RFP) PARKS & TRAILS DISTRICT SNOW REMOVAL SERVICES CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 September 2021 Exhibit A DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 279 I.INTRODUCTION The City of Bozeman (Owner), is seeking proposals from qualified contractors to provide snow and ice removal services for the Parks and Recreation Department. The Owner intends to enter into a contract with the selected firm that will include snow and ice removal services on an “as-needed” basis beginning October 15, 2021 through April 30, 2022. Work is to be completed within 24 hours of notification from the Parks and Recreation Superintendent. This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The Owner reserves the right to accept or reject all responses received as a result of this RFP if it is in the Owner’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFP, all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II.PROJECT BACKGROUND AND DESCRIPTION On May 5, 2020, the City of Bozeman approved the Bozeman Parks and Trails Special District (District). With the endorsement of Bozeman resident’s the District granted the City authorization to conduct annual levy assessments for funding to maintain and operate all of the City owned parks and trails. To accomplish the District objectives the City has developed a multi-year Parks and Trails District implementation plan designed to achieve steady calculated increases in level of service standards and sustainable maintenance practices in all City Parks. On July 1, 2020, the City’s Parks and Recreation Department assumed full responsibility for all of the District’s designated park properties including the addition of 217 acres of park land located within subdivision parks previously maintained by home owners/community associations. To address the requirements for all maintenance, operations, capital and deferred maintenance needed in the new District the City will establish contracts for professional services with qualified contractors. The City of Bozeman is seeking proposals from contractors to perform grounds and landscape maintenance for parks, trails and amenities within the District. Contractor will provide services to ensure that City landscapes are effectively and efficiently maintained for the benefit of the city and its residents. The selected contractor will begin snow removal services in October 2021 and continue services through the completion of the winter season at the end of April 2022. Exhibit A DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 280 The routine services will be conducted for approximately a 28 week period in total or approximately 7 months per year. III.SCOPE OF SERVICES The City of Bozeman Parks and Recreation Department is in need of a contractor to remove snow and ice from sidewalks and park areas within the Bozeman city limits. Snow removal will be performed on an “as needed” schedule during 2021-2022 winter season. The scope of services includes: 1.The Contractor is to perform snow and ice removal of sidewalks, pedestrian crossings any other areas as determined by the Parks Superintendent. Services shall be completed through various methods such as, but not limited to: chipping, ice melts, blowing, shoveling, plowing, etc. 2.The Contractor shall use equipment no wider than the sidewalk which is being cleaned. Equipment shall be of a weight that will not damage the sidewalk or adjacent property. The contractor shall maintain his operation within the public right of way. 3.Snow and ice must be completely removed from the sidewalks before payment will be made to the contractor and shall not be moved into streets. If salt or other chemicals are used to loosen ice, only the minimum amount of salt or other chemicals will be used to adequately perform this function and the contractor shall refrain from depositing any resulting salt/ice mixture onto private property, grassed, or landscaped area. 4.Snow and ice removal shall commence within twenty-four (24) hours after notice by the City is given to the contractor. The Contractor may be required to work on any day of the week, including holidays. Other related services may be requested on an as needed basis. Locations may be added or removed from the contract at any time. The final scope of services may change and will be contained in a professional services agreement to be executed by the City and the selected Contractor. IV.PROPOSAL REQUIREMENTS Firms interested in providing the services described above are requested to submit the following information. Responses to each item should appear in the same order as listed in this RFP and should identify the item to which the responses applies. Proposal shall provide the following information, include, at a minimum, the following items: Exhibit A DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 281 1.An executive summary not exceeding two pages which summarizes key points of the proposal and which is signed by an officer of the firm who is responsible for committing the firm’s resources. 2.A narrative describing the contractor’s qualifications as they relate to the Scope of Services, including the contractor’s availability of staffing to perform the tasks and response times for work requests submitted by the City Parks and Recreation Department. 3.Provide a quote for fixed per hour rate for services listed within Scope of Services. Cost must include and define all equipment, labor, materials provided and description for all service provided at fixed per hour rate. 4.Provide a quote for fixed per hour rate for additional services available if not listed in the scope of services. Include description of all equipment, labor and materials provided at fixed per hour cost. Provide additional information is needed to describe all services. 5.Contractor shall include any current industry professional certifications, relevant expertise or experience, three (3) references for similar completed work and work previously/currently being performed for the City of Bozeman. Affirmation of Nondiscrimination (see Appendix A) Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms. V.TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS EVENT DATE/TIME Publication dates of RFQ Sunday, September 19, 2021 Sunday, September 26, 2021 Deadline for receipt of proposals No later than 2 PM, MST, October 7, 2021 Evaluation of proposals TBD Interviews (if necessary) and Selection of consultants TBD With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by October 7th at 2PM MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one Exhibit A DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 282 PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. VI.AMENDMENTS TO SOLICITATION Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is 2 PM MST on September 30th, 2021. VII.CONTACT INFORMATION Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk, (406) 582-2321, agenda@bozeman.net Questions relating to scope of services should be directed to: Luke Kline, Contracts Coordinator, lkline@bozeman.net , and (406) 582-2290. VIII.SELECTION PROCEDURE A review committee will evaluate all responses to the RFP that meet the submittal requirements and deadline. Submittals that do not meet the requirement or deadline will not be considered. The review committee will rank the proposals and may arrange interviews with the finalist(s) prior to selection. Selection may be made directly based on the written RFP submission. If interviews occur, the selection of finalists to be interviewed will be made by a selection committee representing the City of Bozeman. The selection of interview candidates will be based on an evaluation of the written responses to the RFPs. All submitted proposals must be complete and contain the information required as stated in the "Request for Proposals.” IX.SELECTION CRITERIA Proposals will be evaluated based on the following criteria: • [10 points] Executive Summary •[60 points] Qualifications of the Firm for Scope of Services; Cost •[30 points] Related Experience with Similar Projects Exhibit A DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 283 X.FORM OF AGREEMENT The Contractor will be required to enter into a contract with the City in substantially the same form as the professional services agreement attached as Appendix B. XI.CITY RESERVATION OF RIGHTS / LIABILITY WAIVER All proposals submitted in response to this RFP become the property of the City and public records and, as such, may be subject to public review. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A.This RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFP, all Respondents who submitted will be notified using email. B.The City reserves the right to accept or reject any and all proposals; to add or delete items and/or quantities; to amend the RFP; to waive any minor irregularities, informalities, or failure to conform to the RFP; to extend the deadline for submitting proposals; to postpone award for up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards or phases are determined by the City to be in the public interest. C.The City of Bozeman reserves the right to reject the proposal of any person/firm who previously failed to perform properly to the satisfaction of the City of Bozeman, or complete on time agreements of similar nature, or to reject the proposal of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City of Bozeman. D.The City of Bozeman reserves the right to determine the best qualified Contractor and negotiate a final scope of service and cost, negotiate a contract with another Contractor if an agreement cannot be reached with the first selected Contractor, or reject all proposals. E.The professional services contract between the City of Bozeman and the successful Contractor will incorporate the Contractor's scope of service and work schedule as part of the agreement (see Appendix B for form of professional services agreement. The professional services agreement presented to the Contractor may differ from this form as appropriate for the scope of services). F.This RFP does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by firms in responding to this request for proposals or Exhibit A DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 284 request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Contractor, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. G.The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises this RFP, all Contractors who submitted proposals will be notified using email. H.Projects under any contract are subject to the availability of funds. XII.NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that 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, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm 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://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. XIII.MISCELLANEOUS A.No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B.No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C.Employment Restriction and Indemnity. No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, Exhibit A DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 285 its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each Respondent shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s officers, employees, contractors and consultants. D.Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301. E.Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an RFP not properly addressed and identified in accordance with these documents. F.Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. XIV.ATTACHMENTS The following exhibits are incorporated in this RFP: Appendix A: Non-Discrimination Affirmation Appendix B: Form of Professional Services Agreement END OF RFP Exhibit A DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 286 Executive Summary Advantage LandCare is a large HOA, commercial, and residential snow removal company. A large grouping of our customers are located within the City of Bozeman. Our mission is to provide our customers with a professional snow removal service, and to exceed the expectations of our customers. At Advantage LandCare, we have been providing snow removal services for commercial accounts, residential homeowners, and large HOA’s within the City of Bozeman since 2008. Our approach to these projects is to provide a timely and high level of service on these properties. We do this by extensive training of our employees, as well as purchasing and maintaining proper equipment to handle projects of this size. We require a professional appearance from our staff, and keep our equipment in proper working order at all times. This is done by providing year-round salaried positions to our employees, proper equipment, as well as consistent upkeep and repair of our snow removal equipment. As owners we handle all maintenance duties to keep our equipment running smoothly throughout the winter season. Safety training for our employees, as well as proper personal protective equipment is also provided for their use at all times. Snow removal services from Advantage LandCare operate from November 1st through March 31st. However, we are available before and after those dates if requested. Patrick Doran Steve Lee Exhibit B DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 287 Contractor Narrative Advantage Landcare has been providing snow removal within the city of Bozeman since 2008. Before that Patrick Doran & Steve Lee (owners) were working for a local company providing snow removal for the previous 6 years. As owners of the company, we are directly involved with our snow removal operations during every event. We consider snow removal to be an emergency service, and because of that it must be completed in a consistent, timely, and professional manner. Our services include residential, commercial, and large HOA snow removal from parking lots & sidewalks. We also offer ice melt services on parking lots and sidewalks at our client’s request. At Advantage Landcare we are consistently providing training to our employees, as well as offering advancement within our company. Labor shortages in Bozeman have been a challenge throughout the past year. However, we have been able to remain fully staffed throughout these challenging times. We accomplish this through advertising, and offering competitive wages with benefits to our employees. Exhibit B DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 288 Scope Of Services Following Is A List Services With An Hourly Rate For These Services. •Snow Plowing From Sidewalks & Pedestrian Cross Walk Ramps: $125.00 Per Hour •Snow Blowing From Sidewalks & Pedestrian Cross Walk Ramps: $125.00 Per Hour •Ice Melt Services On Sidewalks & Pedestrian Cross Walk Ramps: $65.00 Per Bag Of Ice Melt Applied. Price Includes Labor & Materials. •Chipping Of Ice From Sidewalks & Pedestrian Cross Walk Ramps: $50.00 Per Hour Following Is A List Of Equipment Advantage Landcare Uses For Sidewalk Snow & Ice Removal. •(2) Ventrac 4500 Z’s with snow plow, broom, & snow blower. •(3) Boss Snowrators with plow •(1) Bobcat Toolcat with plow & blower •(2) ATV’s with plow •(10) Walk behind snow blowers •(1) Walk behind push spreader City Of Bozeman Accounts That Advantage Landcare Can Provide Service For •Any accounts in zone 1 that we are currently providing landscape maintenance on. Exhibit B DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 289 Professional References Kevin Black - Account Manager for Cook Development (406)579-0560 kblack@cookdevelopmentmt.com Kathi Thorsen – Property Manager/Owner Legacy Properties (406)577-1470 kathi@bozemanlegacy.com Tom White or Luke Kline – City Of Bozeman Parks Department TWhite@bozeman.net lkline@bozeman.net Exhibit B DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 290 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION �uo-J'-.� L�s:.N----L..(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, �\�R.._ L�c.� (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. ���'\)o,°">, \J �c�-\�\€.-s,�\- Name and title of person authorized to sign on behalf of submitter Exhibit B DocuSign Envelope ID: 6F179106-95F4-431A-BAED-733EDAF33407 291 First Amendment to Professional Services Agreement for Snow Removal Advantage Spraying Services Inc. FY 2022 – FY 2023 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Snow Removal Services dated November 16, 2021 (the “Agreement”) is made and entered into this _____ day of ____________, 2022, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Advantage Spraying Services Inc., 144 Wildcat Way, Bozeman MT 59718 hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Section 31 of the Agreement is replaced in its entirety with the following: 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one (1) year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. 2. Extension of Term: Section 31. Extensions: Professional Service Agreement between City and Contractor dated November 16, 2021 and completed November 16, 2022 is extended for an additional one (1) year period. The Agreement shall terminate on November 16, 2023. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 8CC58C3C-5862-4012-9D31-0C1158DEACE5 October25 292 First Amendment to Professional Services Agreement for Snow Removal Advantage Spraying Services Inc. FY 2022 – FY 2023 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ADVANTAGE SPRAYING SERCICES INC. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 8CC58C3C-5862-4012-9D31-0C1158DEACE5 Vice-President Patrick Doran 293 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Shawn Kohtz, City Engineer Nick Ross, Transportation and Engineering Director SUBJECT:Resolution 5536 Authorizing Change Order 2 with Treasure State Inc. for the Cottonwood Road Oak to Baxter Project MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Resolution 5536 authorizing Change Order No. 2 with Treasure State Inc. for the Cottonwood Road - Oak to Baxter Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of resolution 5536 and change order number 2 for the above referenced project. The change order includes three items. In several locations throughout the project, the excavation revealed unsuitable material below the road subgrade that needed to be removed and replaced. This material was saturated clay that could not be compacted and attempts at drying in place proved unsuccessful. Leaving this material in place would have likely caused premature failure of the roadway. One of the items in this change order is for the removal and replacement of this unsuitable material with imported pit run gravel. In one location, the material could not be removed due to a conflict with an existing gas line. In this location a geosynthetic fabric was added to reinforce and stabilize the existing material. The final item in the change order involves the work to be done on the property at the northeast corner of Baxter and Cottonwood. The city purchased easements across this property for the road improvements from a previous owner. Part of the agreement was that the City would remove and reset the existing fence on the new easement line. The new owners of the property do not want he fence reset. This item is for a credit from the contractor to eliminate the resetting of the fence which we will in turn credit back to the property owner. There is also an increase in contract time of 7 calendar days. The final recommended change in cost and time for these items is reasonable and commensurate with the work involved. 294 UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Increase of $108,919 from 8,075,004.18 to 8,183,923.18 (Project Number SIF086, SIF138 and BARSAA gas tax – budget $8,882,124.26). Attachments: Resolution 5536 and Change Order No 2 for Cottonwood Road.pdf Report compiled on: September 12, 2023 295 296 297 298 299 300 301 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5530 Intent to Modify Special Improvement Lighting District 766 for Intent to Modify Northwest Crossing Phases 1 and 2 MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consent STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:As a result of modifying this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $32.57 per acre within the district or $1,035.84 annually 302 for the entire district. On an average size lot of 24,089 square feet the annual estimated cost would be $17.56 payable semiannually Attachments: Exhibit A.pdf Exhibit B.pdf Resolution_5530-Intent_to_Modify_SILD_766- Northwest_Crossing_Ph_1-2.docx Report compiled on: September 14, 2023 303 21S21S21S21S21S21S21S21S21S21S21S21S21SM FIGURE NUMBER © PROJECT NO.DRAWN BY: DSGN. BY: APPR. BY: DATE: COPYRIGHT MORRISON-MAIERLE,2023 Plotted by cooper krause on Jun/8/2023 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net N:\6787\003-Ph1-Design+MassGrading\ACAD\Exhibits\Final Plat\SILD #677.dwg6787.003 SILD NORTHWEST CROSSING SUBDIVISION BOZEMAN MONTANA SILD #766 MODIFICATION - NWX 2.1 CPK CPK MEE 06/2023 COTTONWOOD ROADHARVEST PARKWAY TWIN LAKES AVE STREET LIGHT LEGEND EXISTING E1 EXISTING E2 NEW E2: TO BE INCORPORATED INTO SILD #766 EXISTING ELECTRIC METER (SILD #766) W. OAK STREETROSA WAYWELLSPRING AVE BRIARWOOD LANE WILDWOOD LANE DAYSPRING AVETOUCHSTONE DRIVE CURRENTLY PART OF SILD #766 FUT U R E P H A S E S NWX PHASE 1 BOUNDARY NWX PHASE 2.1 BOUNDARY 0 SCALE IN FEET 80 1608040 EXISTING ELECTRIC METER (SILD #766) 304 Phase Block Lot LID Address Acres Sq Ft Owner Name Owner Address City State Zip 1 1 1 292880 1700 Twin Lakes Ave 2.62 114,127.20 NWX Apartments LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 2 299390 1695 Dayspring Ave 0.75 32,670.00 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 3 299370 1684 Dayspring Ave 1.21 52,707.60 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 4 299380 1641 Dayspring Ave 2.013 87,686.28 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 5 299360 1642 Dayspring Ave 1.25 54,450.00 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 6 299280 1550 Twin Lakes Ave 2.46 107,157.60 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 7 299340 1575 Dayspring Ave 1.48 64,468.80 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 8 299330 1598 Dayspring Ave 0.57 24,829.20 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 9 299320 1500 Dayspring Ave 0.81 35,283.60 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 10 299300 1452 Dayspring Ave 1.09 47,480.40 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 11 299290 1438 Dayspring Ave 0.78 33,976.80 NWX LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 12 290120 1450 Twin Lakes Ave 1.4 60,984.00 NWX Building 1 LLC PO Box 4082 Bozeman MT 59772 1 13 292840 1501 Twin Lakes Ave 7.1 309,276.00 NWX Apartments LLC 1735 S 19th Ave Ste B Bozeman MT 59718 1 14 292870 1701 Twin Lakes Ave 5.26 229,125.60 NWX Apartments LLC 1735 S 19th Ave Ste B Bozeman MT 59718 2 9 1 0.12 5,227.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 2 0.077 3,344.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 3 0.108 4,719.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 4 0.09 3,927.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 5 0.077 3,344.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 6 0.077 3,344.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 7 0.077 3,344.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 8 0.077 3,368.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 9 0.08 3,481.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 10 0.115 5,005.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 11 0.077 3,344.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 12 0.077 3,344.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 13 0.077 3,344.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 14 0.135 5,870.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 15 0.108 4,708.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 16 0.108 4,720.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 17 0.108 4,724.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 18 0.108 4,718.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 19 0.108 4,702.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 EXHIBIT B Northwest Crossing Ph 1-2 305 2 9 20 0.107 4,681.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 21 0.111 4,852.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 22 0.106 4,617.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 23 0.105 4,575.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 9 24 0.167 7,258.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 8 29 0.073 3,172.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 8 30 0.073 3,173.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 8 31 0.073 3,173.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 8 32 0.073 3,173.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 8 33 0.073 3,173.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 4A 0.057 2,487.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 4B 0.057 2,487.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 5A 0.057 2,487.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 5B 0.057 2,487.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 6A 0.057 2,487.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 6B 0.057 2,487.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 7A 0.057 2,487.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 7B 0.131 5,724.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 11A 0.057 2,479.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 11B 0.057 2,479.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 12A 0.057 2,479.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 12B 0.057 2,479.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 13A 0.057 2,479.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 13B 0.057 2,479.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 14A 0.057 2,479.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 2 11 14B 0.086 3,732.00 WH Bozeman NWX 358 LLC 24911 Avenue Standford Santa Clara CA 91355 Totals 32.57 1,418,865.08 306 Page 1 of 8 RESOLUTION 5530 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY LIGHTING DISTRICT NO. 766 (NORTHWEST CROSSING PH 1) TO INCLUDE PHASE 2 TO THIS DISTRICT AND FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Modify District 766,Proposed Improvements. It is the intention of this Commission to modify and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Northwest Crossing Ph 1-2(the “District”) for the purpose of, maintenance and energy costs. The city will maintain and pay energy costs for the modified district. The District will pay the maintenance and energy costs for five (5) Lumec RoadFocus LED Cobrahead 100-watt single upsweep luminaires on round tapered steel poles, mounted at 35’ per City of Bozeman standards and twenty-seven (27) Lumec RoadFocus LED Cobrahead 45-watt single upsweep luminaires on round tapered steel poles, mounted at 30’ per City of Bozeman standard. The poles will be K-KLAD over galvanized – Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $5.60 per 100-watt fixture and $2.16 per 45-watt fixture or $1,035.84 annually. Section 2 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No.766 (Northwest Crossing Ph 1-2) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached 307 Resolution 5530, Intent to Modify Lighting District 766 Page 2 of 8 as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the maintenance and energy and will be assessed for the energy costs and a portion of the maintenance as described in Section 1. The maintenance and energy, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the maintenance and energy provided. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $1,035.84 shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues, alleys parks and open space. The total area of the District to be assessed is 32.57 acres, or 1,418,865.08 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $31.803501 or $0.000730 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimatedat$1,035.84, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $47.155051 per acre, or $0.001083 per square foot. Section 7 308 Resolution 5530, Intent to Modify Lighting District 766 Page 3 of 8 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the Districta petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the District be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (October16, 2023) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on Tuesday, October 17, 2023 in the Commission Room at City Hall, 121 N Rouse Avenue. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on September 30, 2023 and October 7, 2023, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or 309 Resolution 5530, Intent to Modify Lighting District 766 Page 4 of 8 corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26th of September, 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 310 Resolution 5530, Intent to Modify Lighting District 766 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5530, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY LIGHTING DISTRICT NO. 766 (NORTHWEST CROSSING PH 1) TO INCLUDE PHASE 2 TO THIS DISTRICT AND FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on September 26, 2023, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___ ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 27th day of September, 2023. ___________________________________ Mike Maas City Clerk 311 Resolution 5530, Intent to Modify Lighting District 766 TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 766 (NORTHWEST CROSSING PH 1) TO INCLUDE PHASE 2 CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on October 17, 2023, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution No. 5530 to modify Special Improvement Lighting District No. 766 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Northwest Crossing Ph 1-2, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5530 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The District will pay the maintenance and energy costs for five (5) Lumec RoadFocus LED Cobrahead 100-watt single upsweep luminaires on round tapered steel poles, mounted at 35’ per City of Bozeman standards and twenty-seven (27) Lumec RoadFocus LED Cobrahead 45-watt single upsweep luminaires on round tapered steel poles, mounted at 30’ per City of Bozeman standard. The poles will be K-KLAD over galvanized – Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $5.60 per 100-watt fixture and $2.16 per 45-watt fixture or $1,035.84 annually. All properties in the District will be assessed for their proportionate share of the costs of the Improvements on an “area basis” annually and will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge are $1,035.84 per year for the entire District. The total area of the District to be assessed is 32.57 acres, or 1,418,865.08square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $31.803501 or $0.000730 per square foot annually. On an average size lot of 24,049 square feet the annual estimated cost would be $17.56 which is payable semiannually. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $47.155051 per acre, or $0.001083per square foot. 312 Resolution 5530, Intent to Modify Lighting District 766 On Tuesday, October 17, 2023, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to hear and pass upon all written protests against the creation or extension of the District, or the Improvements. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, October 16, 2023. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. Dated:September 26, 2023 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ Mike Maas City Clerk Legal Ad Publication Dates: Saturday, September 30, 2023 Saturday, October 7, 2023 313 Resolution 5530, Intent to Modify Lighting District 766 COMMISSION RESOLUTION NO. 5530 Resolution of Intent to ModifySILD No. 766 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Northwest Crossing Ph 1-2, and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Mike Maas, City Clerk, being first duly sworn, says: That I deposited a copy of the Notice in regard to the owners in Special Improvement Lighting District No. 766, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, September 29, 2023, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Maas City Clerk Subscribed and sworn before me this 29 th day of September, 2023. (Notarial Seal) _______________________________ Printed name ___________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 314 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City Manager SUBJECT:Ordinance 2152 Final Adoption of Commission Monthly Compensation MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION: Move to finally adopt Ordinance 2152. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: The Commission requested an adjustment to the Commission’s salaries and expenses be considered to be effective this coming January. The City of Bozeman Charter states at Section 2.04, Compensation; Expenses: “The City Commission may determine the annual salary of the Mayor and Commission members by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of Commission members elected at the next regular election. The Mayor and Commission members shall receive their actual ordinary and necessary expenses incurred in the performance of their duties of office.” The Commissioners currently earn a monthly salary of $1,600.00 and the Mayor, $2,400.00 per month. In addition, the Commissioners currently receive $90.00 per month for expenses with the Mayor receiving $135.00 per month. The salary and expenses requested are included in the Ordinance at Sections 1, 2, and 3. Section 4 addresses eligibility of the Commissioners for enrolling in the benefits program offered by the City. If adopted, the new salaries and expenses will not be effective until the first meeting in January of 2024. This Ordinance was provisionally adopted on September 12, 2023, by a vote of 4-0. UNRESOLVED ISSUES:None. 315 ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS: The estimated impact to the FY24 adopted budget is approximately $30K, a budget amendment may be requested at a future date if this amount cannot be covered with savings in other line items. Attachments: Ordinance 2152 - Commission Pay Increases.pdf Report compiled on: September 5, 2023 316 ORDINANCE NO. 2152 Page 1 of 4 ORDINANCE NO. 2152 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE SALARIES AND EXPENSES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN. WHEREAS, Sec. 2.04 of the City of Bozeman Charter authorizes, the City Commission to determine the annual salary of the Commission and Mayor by ordinance; and WHEREAS, said section of the Charter also requires that no ordinance increasing such salary shall become effective until the date of commencement of the terms of commission members elected at the next regular election; and WHEREAS, said section of the Charter authorizes the mayor and commission members to receive, in addition to a salary, their actual ordinary and necessary expenses incurred in the performance of their duties of office. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Commencing upon the first regular meeting of the City Commission in January 2024, the monthly salary of a City Commissioner shall be $2,251.00. Pursuant to 2.02.150, BMC, for each month of service, the monthly salary of the Mayor shall be $3,376.50, equal to one and one-half (1.5) times that of the Commissioners. In addition, commencing with the first Commission meeting in January of 2025, the above salaries shall be adjusted annually based on the U.S. Consumer Price Index for All Urban Consumers for All Items as published in the preceding December. 317 ORDINANCE NO. 2152 Page 2 of 4 Section 2 In the event of an unexcused absence from a Commission meeting by a Commissioner, the sum of $562.75 shall be deducted from the monthly pay and for an unexcused absence by the Mayor, the sum of $844.13 shall be deducted from the monthly pay. The amount of deduction shall likewise be adjusted as the annual salary is adjusted with the deduction for each unexcused absence equal to a rate of 25% of the monthly salary. Section 3 In addition to the salaries, the City Commissioners, other than the Mayor, shall receive a monthly allowance of $200.00 for incidental expenses. The Mayor shall receive a monthly allowance of $300.00 for incidental expenses. The Mayor and City Commissioners may be reimbursed for actual cost of other reimbursable expenses, such as registrations for conferences and seminars, dinner meetings, and other in-state or out-of-town travel and expenses. Section 4 During their term in office, City Commissioners may opt to participate in the employee benefits program provided to individual City employees and may choose the type of coverage plan they wish to participate in of those offered by the Montana Municipal Interlocal Authority (MMIA). As such, the City Commissioners may opt to receive the standard City contribution to health insurance coverage applicable to City employees at the amount set for all City employees and elected officials. In addition, City Commissioners may opt to participate in, at their own cost, health club memberships and ancillary benefits pursuant to policies established by the City Manager. Section 5 Effective Date. The salaries listed in Section 1 and the provisions of Section 2 and Section 3 shall be effective at the commencement of the terms of the City Commissioners and Mayor elected in the 2023 general City election which date shall be the first regular meeting of the Commission in January 2024. Section 4 is effective immediately. 318 ORDINANCE NO. 2152 Page 3 of 4 Section 6 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 7 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this Ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 8 This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances as determined by the City Clerk. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ____ day of September, 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk 319 ORDINANCE NO. 2152 Page 4 of 4 FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2023. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 320 Memorandum REPORT TO:City Commission FROM:Kaitlin Johnson, Budget Analyst Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign a Grant Agreement with Bridgercare to Support Integrated Behavioral Healthcare Services and LGBTQ+ Training Programs MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Sign a Grant Agreement with Bridgercare to support integrated behavioral healthcare services and LGBTQ+ training programs. STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND:On July 11, 2023, the City Commission approved a grant to Bridgercare to support integrated behavioral healthcare services and LGBTQ+ training programs. From the grant application: "Integrated Behavioral Healthcare: For many patients, Bridgercare is the only place they access healthcare, making it crucial to address physical and mental health. Patients works with a Care Manager, access a psychiatrist, and receive comprehensive mental healthcare. LGBTQ+ Trainings: There is little training in healthcare and education fields on meeting the needs of LGBTQ+ people in an affirming, informed way. Trainings create safe spaces, increase knowledge, and identify micro-aggressions to improve physical and mental health, educational outcomes, and safety for LGBTQ+ individuals." UNRESOLVED ISSUES:None. ALTERNATIVES:N/A - as adopted in the Fiscal Year 2024 Budget by the City Commission on July 11, 2023. FISCAL EFFECTS:Expenditure appropriation is included in the Fiscal Year 2024 Adopted Budget approved by City Commission on July 11, 2023. Attachments: FY24 Bridgercare Grant Agreement.pdf 321 Report compiled on: September 14, 2023 322 V 9 7 22 FY 2024 Grant Agreement – Bridgercare Integrated Behavioral Healthcare and Training Programs Page 1 CITY OF BOZEMAN GRANT AGREEMENT Bridgercare Integrated Behavioral Healthcare and Training Programs 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 Bridgercare, a non-profit organization located at 1288 N 14th Ave. #201, Bozeman, MT 59715 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, Bridgercare submitted a proposal to the City Commission for a grant of $40,000 for integrated behavioral services and LGBTQ+ training programs (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 providing excellent, affordable reproductive and sexual healthcare and education in a safe, supportive, empowering atmosphere as detailed in the City of Bozeman’s Strategic Plan (3.2); and WHEREAS, on July 11, 2023, the Commission appropriated $40,000 for the Project. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to forty thousand dollars ($40,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2.Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2024. 3.Use of Grant Funds. Grant funds in the amount of up to forty thousand dollars ($40,000) will be used by GRANTEE for the sole purpose of providing integrated behavioral healthcare services and LGBTQ+ training programs as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement and must serve city of Bozeman residents. 323 V 9 7 22 FY 2024 Grant Agreement – Bridgercare Integrated Behavioral Healthcare and Training Programs Page 2 4. Payment of Grant Funds a. The City will remit the Grant funds to the GRANTEE following the execution of this Agreement. b. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. 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 5 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. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project and that the Project will benefit City of Bozeman citizens. 6. 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 will also provide to the City Commission a formal presentation that includes detail regarding use of Grant funds. GRANTEE agrees to develop and/or provide such other documentation as requested by the City 324 V 9 7 22 FY 2024 Grant Agreement – Bridgercare Integrated Behavioral Healthcare and Training Programs Page 3 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. 7. 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. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, 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 325 V 9 7 22 FY 2024 Grant Agreement – Bridgercare Integrated Behavioral Healthcare and Training Programs Page 4 damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be the Director of Finance, 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 ___________________ 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. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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. 326 V 9 7 22 FY 2024 Grant Agreement – Bridgercare Integrated Behavioral Healthcare and Training Programs Page 5 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; • 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 327 V 9 7 22 FY 2024 Grant Agreement – Bridgercare Integrated Behavioral Healthcare and Training Programs Page 6 City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination, 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. 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. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be 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 must 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 328 V 9 7 22 FY 2024 Grant Agreement – Bridgercare Integrated Behavioral Healthcare and Training Programs Page 7 handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 329 V 9 7 22 FY 2024 Grant Agreement – Bridgercare Integrated Behavioral Healthcare and Training Programs Page 8 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. 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 330 V 9 7 22 FY 2024 Grant Agreement – Bridgercare Integrated Behavioral Healthcare and Training Programs Exhibit A Exhibit A Grant Proposal Grant Project Overview: Bridgercare’s mission is to provide excellent, affordable reproductive and sexual healthcare and education in a safe, supportive, empowering atmosphere. Bridgercare’s funding request is for $30,000 for integrated behavioral healthcare services and $10,000 for LGBTQ+ training programs. City Commission Award: On July 11, 2023, the Bozeman City Commission approved the grant award in the amount of $40,000. This grant award must be used to support integrated behavioral healthcare services and LGBTQ+ training programs. 331 From:Julie Hunter To:Melissa Hodnett; Kaitlin Johnson Subject:FW: *NEW SUBMISSION* Bozeman Non-profit Grant Award BRIDGERCARE Date:Tuesday, May 9, 2023 9:02:32 AM Bridgercare submission From: City of Bozeman, MT <webadmin@bozeman.net> Sent: Monday, May 8, 2023 5:00 PM To: Julie Hunter <JHunter@BOZEMAN.NET> Subject: *NEW SUBMISSION* Bozeman Non-profit Grant Award CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bozeman Non-profit Grant Award Submission #:2420995 IP Address:71.15.214.74 Submission Date:05/08/2023 5:00 Survey Time:3 minutes, 10 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Entity Name Bridgercare Entity's Physical Address 1288 N 14th Ave #201 Bozeman, Montana 59715 Number of Years of Operation as a Non-Profit Organization 51 (since 1972) Link to Most Recent Annual Financial Report https://static1.squarespace.com/static/6116f84c4f11da6019f2d679/t/635043b65a52cc6c92caf850/166620461335 6/2022+Gratitude+Report+-+Online.pdf FY 2024 Grant Agreement – Bridgercare Integrated Behavioral Healthcare and Training Programs Exhibit A 332 Dollar Amount Requested for the Fiscal Year $40,000 Description of the Funding Request in Relation to Commission Priorities and/or Citizen Benefit Bridgercare’s mission is to provide excellent, affordable reproductive and sexual healthcare and education in a safe, supportive, empowering atmosphere. We’re seeking $30,000 for our integrated behavioral healthcare services and $10,000 for our trio of LGBTQ+ training programs. Integrated Behavioral Healthcare: Gallatin County has high rates of mental illness: 31.5% of adults have chronic depression symptoms and the suicide rate is 23.5 per 100,000 (versus 13.9 nationally). For many patients, Bridgercare is the only place they access healthcare, making it crucial to address physical and mental health. Patients work with a Care Manager, access a psychiatrist, and receive comprehensive mental healthcare. Because many patients are uninsured/underinsured or rely on our sliding fee scale, they would otherwise not have access to services and mental health concerns would go untreated. This program provides low-cost counseling and mental health support, leading to earlier detection and diagnosis, and increased likelihood of successful treatment. LGBTQ+ Trainings: There is little training in healthcare and education fields on meeting the needs of LGBTQ+ people in an affirming, informed way. This lack of knowledge can prevent LGBTQ+ people from seeking healthcare or feeling safe at school: 1 in 5 transgender patients has been denied healthcare and 12.5% of LGBTQ+ students didn’t go to school at least once in the last month due to safety concerns. We provide LGBTQ+ Healthcare Allies, Educational Allies, and Everyday Allies trainings for medical professionals, teachers, and community members to help them to understand the unique health and educational needs of LGBTQ+ populations, and to give concrete strategies, tools, and ongoing support in addressing these needs in a respectful, affirming way. Trainings create safe spaces, increase knowledge, and identify micro-aggressions to improve physical and mental health, educational outcomes, and safety for LGBTQ+ individuals. Read-Only Content Name #1 Doll Family Foundation Amount $ $10,000 pending Name #2 BW Bastian Foundation Amount $ $5,000 pending Name #3 Jerry Metcalf Foundation Amount # $4,000 pending FY 2024 Grant Agreement – Bridgercare Integrated Behavioral Healthcare and Training Programs Exhibit A 333 Read-Only Content Full Name Emily Allison Phone 4065870681 ext. 137 Email Address eallison@bridgercare.org Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. FY 2024 Grant Agreement – Bridgercare Integrated Behavioral Healthcare and Training Programs Exhibit A 334 Memorandum REPORT TO:City Commission FROM:Bmassey, Assistant Treasurer LClark, Treasurer MHodnett, Finance Director SUBJECT:Resolution 5525 Creation of Special Improvement Lighting District 780, Canyon Gate Subdivision MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5525 Creation of Special Improvement Lighting District 780, Canyon Gate Subdivision STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The Commission did on August 22, 2023 adopt Commission Resolution No. 5524 / Intent to Create Special Improvement Lighting District #780, Canyon Gate Subdivision as per MCA 7-12-4301. The property owner has been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $25.99 per acre within the district or $407.76 annually for the entire district, or on an average size lot of 32,545 square feet the annual estimated cost would be $19.43, which is payable semiannually. Attachments: Resolution 5525-Creation of SILD780 .doc Report compiled on: August 8, 2023 335 Page 1 of 4 RESOLUTION 5525 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 780 CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Passage of Resolution of Intention. This Commission, on August 22, 2023, adopted Resolution No. 5524 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 780 (CANYON GATE SUBDIVISION of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the creation and administration of the District. Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on September 26, 2023, this Commission conducted a public hearing on the creation of the District and the making of the 336 Resolution 5525, Creation of SILD 780 Page 2 of 4 Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 780 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. 337 Resolution 5525, Creation of SILD 780 Page 3 of 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26 th day of September, 2023. ___________________________________ CYNTHIA ANDRUS Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 338 Resolution 5525, Creation of SILD 780 Page 4 of 4 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5525 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 780(CANYON GATE SUBDIVISION); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BYTHE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on September 26, 2023 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof:______________________________________ _______________________________ ; voted against the same: _________________________; abstained from voting thereon: ________________ ; or were absent:__________________. WITNESS my hand officially this 26th day of September 2023. ___________________________________ MIKE MAAS City Clerk 339 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5513 Annual Lighting Assessments for Fiscal Year 2024 MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution No. 5513 for Annual Lighting Assessments for Fiscal Year 2024 STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated Title 7 Chapter 12 Part 43 allows for the creation of special improvement lighting districts for the purpose of lighting streets and assessing costs for installation and maintenance to property abutting thereto and collect the costs by special assessments against the property. The City has approximately 80 special lighting districts. Resolution 5513 formally levies and assesses maintenance and electrical current costs of the districts to the benefitted property owners. MCA 7-12-4332. Resolution to provide for assessment of maintenance costs. It shall be the duty of the city or town council to estimate, as nearly as practicable, the cost of maintaining such lights and furnishing electrical current therefore each year and the portion thereof to be assessed against the property embraced within the district and, before the first Monday in October, to pass and finally adopt a resolution levying and assessing said property within said district with an amount equal to the proportion of the cost of such maintenance and electrical current so determined to be especially assessed against said property. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The amount that will be assessed for all Special Improvement Lighting 340 Districts for FY24 is $455,500. Attachments: Lighting District Resolution FY24.docx Schedule A-Lighting FY24.pdf Report compiled on: September 12, 2023 341 Version April 2020 RESOLUTION 5513 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. WHEREAS, certain lighting maintenance districts have been created with the City of Bozeman and; WHEREAS, state law provides for assessing the costs of maintaining lights and furnishing electrical current annually within these lighting maintenance districts and; WHEREAS, Section 7-12-4332, M.C.A. provides that the City shall pass a resolution levying and assessing maintenance costs. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Districts and Assessments. The lighting maintenance districts and assessments to defray one hundred percent (100%) of all the costs of maintenance and lighting are hereby levied and assessed against the property and several lots, pieces and parcels thereof within the lighting maintenance districts as listed and described on Schedule “A”and Schedule “B”, attached hereto, and by this reference, said schedules are made a part hereof. 342 Version April 2020 Section 2 Lot or Parcel Description. That a particular description of each lot, piece, or parcel of land with the name of the owner thereof, the total number of square feet of said property and the sum assessed and levied against such property and owner, or either, is set forth in the Schedule of each district as specified and identified in Schedule “B”. Section 3 Period of Assessment. That said assessment is to defray costs for Fiscal Year 2024 (July 1, 2023, through June 30, 2024). Section 4 Disposition of Collections. That the assessments as collected shall be placed in the respective lighting maintenance funds and shall be used to defray the cost of maintenance and lighting as provided by law. Section 5 Notice of Hearing. That the regular meeting of the Commission of the City of Bozeman to be held on the 26th day of September 2023 at 6:00 p.m., at the Commission Room, City Hall, 121 N Rouse Ave., in the City of Bozeman, be designated as the time and place at which objections to the final approval of this Resolution will be heard and considered by said Commission. Section 6 Notice. That the City Clerk of the City of Bozeman, published in the Bozeman Daily Chronicle on September 16, 2023 and September 23, 2023, a notice signed by said Clerk as such, stating that this Resolution levying and assessing the several amounts set forth in the schedule attached hereto and made a part of as aforesaid and for the purposes herein will be passed and 343 Version April 2020 approved by the Commission of the City of Bozeman and is on file in the office of said City Clerk; that said Notice shall be so published, and such publication shall be made not less than five (5) days before the date set by the Commission for hearing of objections and the final approval this Resolution. Section 7 Certification. The City Clerk is hereby directed upon final passage and approval of this resolution to certify a copy thereof to the City Finance Director of the City of Bozeman, Montana, as provided by law. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 344 Lighting Districts FY24 Assessment 146-LIGHTING DISTRICT #284 7,900.00$ 149-LIGHTING DISTRICT #295 16,900.00$ 153-LIGHTING DISTRICT #400 1,700.00$ 154-LIGHTING DISTRICT #420 1,600.00$ 156-LIGHTING DISTRICT #453 5,300.00$ 157-LIGHTING DISTRICT #459 18,800.00$ 160-LIGHTING DISTRICT #462 2,500.00$ 162-LIGHTING DISTRICT #480 22,600.00$ 170-LIGHTING DISTRICT #637 13,500.00$ 201-LIGHTING DISTRICT #673 4,200.00$ 203-LIGHTING DISTRICT #679 10,900.00$ 204-LIGHTING DISTRICT #682 11,000.00$ 205-LIGHTING DISTRICT #685 7,400.00$ 207-LIGHTING DISTRICT #687 26,000.00$ 208-LIGHTING DISTRICT #688 31,000.00$ 210-LIGHTING DISTRICT #690 38,800.00$ 211-LIGHTING DISTRICT #691 20,100.00$ 216-LIGHTING DISTRICT #680 17,900.00$ 217-LIGHTING DISTRICT #696 6,000.00$ 218-LIGHTING DISTRICT #697 3,300.00$ 219-LIGHTING DISTRICT #698 4,700.00$ 225-LIGHTING DISTRICT #704 9,800.00$ 232-LIGHTING DISTRICT #711 41,800.00$ 235-LIGHTING DISTRICT #715 2,600.00$ 237-LIGHTING DISTRICT #725 300.00$ 238-LIGHTING DISTRICT #749 300.00$ 239-LIGHTING DISTRICT #719 1,300.00$ 240-LIGHTING DISTRICT #720 4,900.00$ 241-LIGHTING DISTRICT #721 30,400.00$ 242-LIGHTING DISTRICT #722 600.00$ 243-LIGHTING DISTRICT #728 5,000.00$ 244-LIGHTING DISTRICT #734 1,300.00$ 245-LIGHTING DISTRICT #730 69,700.00$ 246-LIGHTING DISTRICT #755 1,100.00$ 249-LIGHTING DISTRICT #743 1,600.00$ 250-LIGHTING DISTRICT #752 6,600.00$ 251-LIGHTING DISTRICT #751 3,900.00$ 253-LIGHTING DISTRICT #736 500.00$ 254-LIGHTING DISTRICT #727 600.00$ 255-LIGHTING DISTRICT #766 1,100.00$ Grand Total Billed 455,500.00$ Lighting District Assessment Summary 345 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5514 Annual Assessment for Business Improvement District (BID) for Fiscal Year 2024 MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution No. 5514 STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated Title 7 Chapter 12 Part 11 allows for the creation of business improvement districts that will serve a public use, promote the health, safety, prosperity, security, and general welfare of the inhabitants of the district and of the people of this state, be of special benefit to the property within the boundaries of the district, or aid in tourism, promotion, and marketing within the district. The Downtown Bozeman Business Improvement District (BID) has a stated goal of ensuring the long-term preservation and vitality of the city’s underlying economic, cultural, social, and environmental assets. The BID was originally founded in 2000, expanded in 2006, renewed in 2010, and renewed again in 2020. BID revenues are derived from an annual assessment based on each property’s portion of the district’s taxable value. The BID is overseen by a board appointed by the City Commission. BID monies support numerous programs including the summer flower baskets, holiday lighting, graffiti removal, and year-round maintenance employees. As prescribed by Montana Code Annotated 7-12-1132, the Commission was presented on May 16, 2023 with the Downtown Business Improvement District (BID) work plan and budget which proposed $230,000 in assessments to downtown business owners. On July 11, 2023 the City Commission adopted the FY24 budget, consistent with the work plan and budget presented. Resolution 5514 formally levies and assesses the special assessment upon all real property in the business improvement district to defray the estimated cost and expense to be incurred as outlined in the work 346 plan and budget. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The assessments proposed are consistent with the FY24 adopted budget and the Downtown BID work plan and budget presented to the Commission on May 16, 2023. The downtown businesses within the business improvement district will be billed based on their assessed taxable value as it relates to the taxable valuation of the whole district. The assessment rate in said business improvement district shall be set to ensure $230,000.00 is billed. This rate for FY 2024 is 0.016574 per taxable valuation. Attachments: BID Schedule A-FY24.PDF Resolution_5514-BID_Assessments_FY24-FINAL.docx Report compiled on: September 12, 2023 347 09/12/23 15:52:56 CITY OF BOZEMAN PAGE 1 BID SCHEDULE A FY24 OWNER LEGAL Location AMOUNT NAME DESCRIPTION ID ASSESSED A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #6 141410 461.11 A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #7 141420 65.10 A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #8 141360 17.45 A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #11 141350 45.61 A.O. BUTLER LLC MENDENHALL MARKETPLACE CO UNIT R-6 ORIGINAL TOWNSITE LOT 13- 207160 203.11 ABG LLC BRIDGERVIEW CONDO UNIT 1 265220 28.61 ABG LLC BRIDGERVIEW CONDO UNIT 2 265230 39.05 ABG LLC BRIDGERVIEW CONDO UNIT 12 265330 17.52 ABG LLC BRIDGERVIEW CONDO UNIT 13 265340 16.09 ABG LLC BRIDGERVIEW CONDO UNIT 16 265370 42.28 ABG LLC BRIDGERVIEW CONDO UNIT 17 265380 31.99 ABG LLC BRIDGERVIEW CONDO UNIT 18 265390 22.59 ABG LLC BRIDGERVIEW CONDO UNIT 19 265400 22.59 ABG LLC BRIDGERVIEW CONDO UNIT 20 265410 22.59 ABG LLC BRIDGERVIEW CONDO UNIT 21 265420 20.44 ABG LLC BRIDGERVIEW CONDO UNIT 22 265430 21.83 ABG LLC BRIDGERVIEW CONDO UNIT 23 265440 11.30 ABG LLC BRIDGERVIEW CONDO UNIT 24 265450 5.67 ABG LLC BRIDGERVIEW CONDO UNIT 25 265460 17.52 AKM 238 LLC OP LOT 10 BLOCK C, ALL LOTS 11 & 12 BLOCK C 2380 1,347.62 AKM 310 LLC OP LOT 13, W 16' LOT 14 BLOCK C 2320 1,075.01 ALBERTINA, EDELBLUT BAXTER CONDO UNIT 5B TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 146570 98.43 ALBRO, CARRIE A &CHRISTOP HBP RESIDENTIAL CONDOMINI UNIT 315 TRACYS 2 LOT 1A BLK A 250460 109.12 AMERICAN BANK OF MONTANA CHURCH & MAIN CONDOS UNIT ROUSE 1ST LOTS 10-19 W 1/ LOT 20 BLOCK E 85130 661.49 AMERICAN BANK OF MONTANA CHURCH & MAIN CONDOS UNIT ROUSES 1ST LOTS 10-19 W 1 LOT 20 BLOCK E 97230 1,069.56 ANGEL, GEOFFREY C & CARRI BAXTER CONDO UNIT 3C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126200 74.52 ARCHROCK LLC OP E 5' OF LOT 7 & W 27 1 OF LOT 8 BLOCK C 2470 1,045.03 BAIDE REAL ESTATE CO LLC ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 4 140720 143.10 BAR KEEPER LLC OP PORTION LOTS 15-16, A LOTS 17-19 BLOCK D BOZ MULTI LEVEL SHOP COMPLEX 139600 157.82 BAR KEEPER LLC OP PORTION LOTS 15-16 AL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 139860 141.69 BAXTER MAIN LLC TRACYS 1ST WEST 10' LOT 4 BLOCK B BID ONLY 136230 89.78 BAXTER MAIN LLC BAXTER CONDO UNIT 6E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 146590 64.99 BAXTER MAIN LLC BAXTER CONDO UNIT BA TRACYS 1ST LOTS 1-4 & E 18' LOT 4 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TOWNSITE LOT 13- 207200 176.48 ZOEMAX LLC GUYS 1ST 60'EAST SIDE 1/2 LOT 3, EAST 114'OF 1/2 AC LOT 4 & WEST 26' OF 1/2 A 2540 1,995.05 10 SPEED LLC MENDENHALL MARKETPLACE CO UNIT R-5 ORIGINAL TOWNSITE LOT 13- 145810 158.20 101 ROUSE LLC OP SOUTH 50' LOTS 17-19 BLOCK I 30400 668.85 104 E MAIN LLC OP LOTS 13-22 & 22' S OF 13-22 139560 654.03 104 E MAIN LLC OP LOTS 1-3 & W 28 1/2' O LOT 4 BLOCK B 4870 3,012.27 106 E BABCOCK LLC BLACKS ADDITION LOT 11A B 5200 5,418.89 106 E BABCOCK LLC BLACKS ADDITION TO BOZEMA LOT 12A BLOCK B AMENDED PLAT C-14-H 265750 335.67 115 APCH LL OP LOTS 12-13 E 5 1/2' LOT 14 BLOCK H 66490 475.34 115 APCH LL OP W 22 1/2' LOT 14 & E 1 OF LOT 15 BLOCK H 30810 163.07 129 EAST MAIN LLC OP E 9' LOT 8, W 18.5' OF LOT 9 BLK E 26740 728.96 137 E BABCOCK LLC OP LOTS 11-12 & 22 X 60' LOTS 11-12 BLOCK B 5190 949.31 22 S GRAND LLC STORYS N49.5' LOTS 10-11 BLOCK B 14640 443.67 223 EAST MAIN COMMERCIAL OP LOT 7A BLK D- E 16.5' & W 10' LOT 7 PLAT C-1-Q 30900 1,396.40 23 E MAIN STREET HOLDINGS OP W 26' 8" LOT 7 BLOCK F 26640 10,056.09 234 E MAIN ST LLC OP E 2.5' LOT 8 AND ALL LOT 9 BLOCK C 2440 724.68 27 N TRACY LLC TRACTYS 3.5' EAST SIDE LO 6.5 X 50' SOUTHWEST CORNE LOT 22 BLOCK A 90' NORTH 94880 749.76 28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #4 141400 388.74 28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #5 141340 31.64 28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #9 141430 57.78 29 W MAIN LLC TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT 4 146610 605.14 321 MAIN LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 139850 582.01 321 MAIN LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 139830 14.12 35 NORTH BOZEMAN LLC OP LOTS 12-14 BLOCK E OLD LIBRARY BUILDING 27520 929.52 356 09/12/23 15:52:56 CITY OF BOZEMAN PAGE 10 BID SCHEDULE A FY24 OWNER LEGAL Location AMOUNT NAME DESCRIPTION ID ASSESSED 35 NORTH BOZEMAN LLC OP LOT 15A PLAT C-1-D BLO 145740 167.07 36 E MAIN LLC OP 25'E S LOT 6, LOT 7 LE S 7 1/2' & LOT 8 BLOCK A 86220 1,976.70 400 MARION INC OP E 1/2 LOT 10 ALL LOT 1 BLOCK A 60170 1,551.15 400 MARION INC OP E1.33' LOT 7 ALL LOT 8 W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT D 26650 336.24 400 MARION INC OP E 1.33' LOT 7 ALL LOT W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT E 139750 307.37 508 MONTANA LLC HBP RESIDENTIAL CONDOMINI UNIT 508 TRACYS 2 LOT 1A BLK A 250720 105.34 520 EAST BABCOCK LLC ROUSES 2ND TRACT 1 LOT 1 BLOCK A BEING 80 X 86' 1740 455.02 702 LLC 60%-KILKERNEY PRO OP LOT 9A BLOCK B PLAT C-1-G 60000 2,400.73 9 E MAIN LLC OP E 19' LOT 3 & W 23' LOT 4 BLOCK F 96500 621.99 FINAL TOTALS TOTAL 229,999.87 COUNT 441 * * * E N D O F R E P O R T * * * 357 Version April 2020 RESOLUTION 5514 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2024 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT LOCATED IN THE CITY OF BOZEMAN’S DOWNTOWN AREA TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR AS OUTLINED IN THE DISTRICT’S WORK PLAN AND BUDGET. WHEREAS, WHEREAS,Commission Resolution No.’s 4256, 4263 and 5140 and Ordinance No. 1790 passed as aforesaid are hereby referred to and made a part of this resolution for further particulars in respect to the boundaries of said district the purpose of the district and the duration of the district, and WHEREAS,Section 7-12-1132 (4) Montana Code Annotated provides that said special assessments shall be made levied and collected in the same manner as are other special assessments and levies of the City of Bozeman, and WHEREAS, pursuant to Section 7-12-1132 (2) Montana Code Annotated the City Commission did on the 16th day of May 2023 receive the work plan and budget submitted, and WHEREAS,the work plan and budget provides for parcels to be assessed for that part of the whole cost of the district which its taxable valuation bears to the total taxable valuation of the property of the district pursuant to Section 7-12-1133 (2) c Montana Code Annotated, and 358 Version April 2020 WHEREAS,to defray the costs of the business improvement district for the coming assessment year, the Commission must now establish an assessment to be levied for said year. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That to defray the estimated cost and expense of the business improvement district in the City’s downtown area for the fiscal year 2024 there is hereby levied and assessed against the taxable valuation of the several lots pieces and parcels of land benefited by the district within the City of Bozeman as set forth in Schedule A, attached hereto and by this reference made a part hereof which describes each lot or parcel of land with the name of the owner and or owners, if known, and the amount assessed against the same that the several sums set opposite the names of said owners; and the described lots and parcels of land are hereby levied and assessed upon and against said lots and parcels of land for said purpose that the several sums be collected from the respective owners of said lots and parcels of land described in said assessment list and owned by them; that the said sums shall be paid and the collection thereof be made in the manner and in accordance with Ordinance No. 1790 of the City of Bozeman Montana and the laws of the State of Montana governing the collection of a business improvement district assessments; that failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments; and that the November assessments shall become delinquent at 5:01 p m on November 30, 2023 and the May assessments shall become delinquent at 5:01 pm on May 31, 2024. Section 2 That each lot or parcel of land including the improvements thereon, may be assessed for that part of the whole cost of the district which its taxable valuation bears to the total taxable valuation of the property in the district. The assessment rate in said business improvement district shall be $230,000.00 which is 0.016574 per taxable valuation. 359 Version April 2020 Section 3 That this assessment be levied for the fiscal year 2024 (July1, 2023 through June 30, 2024) and be billed in October 2023 as are other City special assessments. Section 4 That the assessments as collected shall be placed in the business improvement district fund and shall be used to defray the costs thereof asprovided by law. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26th day of September, 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 360 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5515 Delinquent Water, Sewer, Stormwater, Garbage and Recycling Charges MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution No. 5515 STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Letters were sent out prior to July 7, 2023, on all delinquent accounts notifying the previous and new owners of the delinquent charges outstanding on final bills, as well as current owners that are not paying their monthly charges, and the process of placing those charges as a lien on the real property should they not be paid. Only the few accounts listed on Schedule A of the attached resolution remain delinquent. MCA 7-13-4309. Procedure to collect delinquent utility charges. (1) Sewer or water charges must be collected by the treasurer. (2) On or before July 7 of each year, notice must be given by the city treasurer or town clerk to the owners of all lots or parcels of real estate to which sewer or water service has been furnished prior to July 1 by the city or town. The notice must specify the assessment owing and in arrears at the time of giving notice. The notice must be in writing and must state the amount of arrearage, including any penalty and interest assessed pursuant to the provisions of the city or town ordinance, and that unless the amount is paid within 30 days of the notice, the amount will be levied as a tax against the lot or parcel of real estate to which sewer or water service was furnished and for which payment is delinquent. The notice must also state that the city or town may by suit collect past-due assessments, interest, and penalties, as a debt owing the city or town, in any court of competent jurisdiction, including city court. The notice may be delivered to the owner personally or by letter addressed to the owner at the post-office address of the owner as shown in property tax records maintained by the department of revenue. (3) (a) Except as provided in subsection (3)(b), at the time that the annual 361 tax levy is certified to the county clerk, the city treasurer or town clerk shall certify and file with the department of revenue a list of all lots or parcels of real estate, giving the legal description of the lot or parcel, to the owners of which notices of arrearage in payments were given and which arrearage remains unpaid and stating the amount of the arrearage, including any penalty and interest. The department of revenue shall insert the amount as a tax against the lot or parcel of real estate. (b) In cities where the council has provided by ordinance for the collection of taxes, the city treasurer shall collect the delinquent amount, including penalty and interest, as a tax against the lot or parcel of real estate to which sewer or water service was furnished and payment for which is delinquent. (4) A city or town may, in addition to pursuing the collection of assessments in the same manner as a tax, bring suit in any court of competent jurisdiction, including city court, to collect the amount due and owing, including penalties and interest, as a debt owing the city or town. BMC 32.02.060 Costs of Collection and Disposal – Collection and Payment – Solid Waste Fund: The rates established by resolution shall be set as monthly fees and those fees shall be included on the monthly water and sewer statement and will become delinquent if not paid by the 15th of the month in which the bill is received. If the monthly fees are not paid within thirty days after they have become delinquent the delinquent amount shall be a lien against the property against which they are severally assessed and levied until paid and discharged and shall be subject to the same penalties for delinquency in payment when due and payable as are other special assessments and levies made by the City and as authorized by the laws of the state. BMC 40.04.1050. - Billing of charges; penalties for late payment and procedure to collect. Stormwater service charges authorized by this section shall be included with the monthly water and wastewater utility billing. Should any user fail to pay the stormwater service charge and penalty within two months of the due date, the city may terminate water service to the property. The city may also follow the collection procedure outlined in MCA 7-13-4309. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The proposed assessment will recover overdue charges that have accrued due to water, sewer, stormwater, garbage and recycling services totaling $13,580.32. Attachments: Resolution 5515 Delinquent Utility Accounts FY24.docx Schedule A-Delinquent Utility Charges FY 24.pdf Report compiled on: September 13, 2023 362 363 Version April 2020 RESOLUTION 5515 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT WATER, SEWER, STORMWATER, GARBAGE & RECYCLING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. WHEREAS,Section 7-13-4309, Montana Code Annotated, provides that special assessments shall be made, levied and collected annually for delinquent water, sewer, stormwater, garbage & recycling charges in the same manner as are other special assessments and levies of the City of Bozeman; and WHEREAS, to enforce the collection of amounts owed the City for the cost of providing water, sewer, stormwater, garbage, and recycling service in the City of Bozeman, the Commission hereby specifically levies the amounts due as set forth in Schedule "A" as an assessment; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That to collect delinquent water, sewer, stormwater, garbage & recycling charges in the City of Bozeman, an assessment is hereby levied against the responsible property and the several lots, pieces and parcels of land thereof within the City of Bozeman as set forth in Schedule "A", which is attached hereto and made a part hereof, a particular description of each lot and parcel of land with the name of the owner and/or owners and the delinquent sum assessed against the same is set forth in Schedule "A"; that the several sums set opposite the names of said owners and the describedlots and parcels of land are hereby levied and assessed upon and against said lots and parcels of land for said purpose; that the several sums be collected from the respective owners of said lots and parcels of land described in said assessment list and owned by 364 Version April 2020 them; that the said sums shall be paid and the collection thereof be made in the manner and in accordance with the laws of the State of Montana governing the collection of special assessments; that failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes. Section 2 That the fee for providing water, sewer, stormwater, garbage, and recycling service in the City of Bozeman shall be the cost of such work, including administrative and enforcement costs. Administrative and enforcement costs shall not exceed $20.00 per delinquency. Section 3 That this assessment be levied and billed in October 2023 as are all other special assessments. Section 4 That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10 percent per year from the date this assessment becomes delinquent (December 1, 2023) to the date the assessment is paid. Section 5 That the regular session of the Commission of the City of Bozeman, Montana, to be held in the Commission Room at City Hall, 121 N Rouse Ave, in said City on the 26th day of September 2023 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 That the City Clerk of the City of Bozeman has published in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of Bozeman a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to collect delinquentwater, sewer, stormwater, garbage, and recycling charges, plus the costs and expenses incurred thereby, for providing water, sewer, 365 Version April 2020 stormwater, garbage, and recycling services in the City of Bozeman, against the property of which such service was rendered. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26th of September 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 366 Schedule A FY24 CID LID Amount Due Current Owner 61599 198230 1,748.22$ PARRY, TAMMY TOWERS 1393 ADVANCE DR 19049 102820 519.81$ KOENIG, THEODORE & AMANDA 10 S YELLOWSTONE AVE 10 14895 77510 464.56$ BANIS, ROBERT 1602 N ROUSE AVE 66215 239950 457.92$ DICKINSON, ZACHARY 1083 ROSA WAY 67421 227680 449.92$ GEORGE, CASEY 2935 WARBLER WAY B 26625 73810 382.06$ MURPHY, ERIN 205 PONDERA AVE C 48081 229160 366.65$ BEARTOOTH PRODUCTS 705 BRIDGER DR A 74153 235280 346.69$ HAMPTON, JOSH 860 SANDERS AVE H 81169 27400 411.88$ JAMES B. KELLOGG IRA 309 E BEALL ST 70409 195430 303.40$ MINNICK, NATHAN 3353 N 27TH AVE 20 57195 73210 281.18$ NEMEC, JENNIE & CHARLES 2400 DURSTON RD 26 80319 106200 260.32$ DUFRESNE, JACOB 4040 RAVALLI ST 75 18261 74080 246.57$ UNDERWOOD, ANGELA 2715 FAIRWAY DR 61555 195380 246.57$ GERHARTER, AMIEE 3335 N 27TH AVE 11 3075 16100 224.18$ KAAUAMO, MARILYN 207 S 10TH AVE 22937 73760 196.48$ EBERHARD, GARY & ANNETTE 111 PONDERA AVE 2 50231 114190 185.56$ LANDSGAARD, PAUL & PAM 1411 BOHART LN 56149 75530 152.20$ WADE, KATHERINE 210 S 16TH AVE E 49905 770 143.80$ KIM, EUN SIL 712 E MAIN ST 74667 75560 133.20$ BRAND PENZA 1419 S CHURCH AVE 83695 135760 121.95$ SCOUT DAC LLC 927 E CEDAR ST 82023 30420 108.38$ KG SITE MANAGEMENT LLC 322 N ROUSE AVE 24475 74390 106.30$ ISLER, SHARON 2200 W DICKERSON ST 4 17615 78430 105.64$ SHANKS, ROBERT 1757 HIGHLAND BLVD 29 49905 66300 101.04$ KIM, EUN SIL 716 E MAIN ST DELINQUENT UTILITY ACCOUNTS Water, Sewer, Stormwater, Garbage and Recycling Service Address 367 50499 168460 101.04$ MONTANA OPTICOM LLC 3810 BAXTER LN 50529 210710 101.04$ PEUSE, DALLAS J 1013 THOMAS DR 77183 136070 93.37$ ARTICHOKE LLC 113 E LAMME ST 73263 115520 84.44$ ATENCIO, STEPHEN 10 S YELLOWSTONE AVE 8 83693 145630 72.75$ SCOUT DAC LLC 922 E CEDAR ST 50497 163720 71.16$ PETERSEN LEGACY LLC 39 N ROUSE AVE 72703 7230 314.32$ TRIEB, ERIN GRACE 116 S 8TH AVE 57699 23360 58.96$ FERRERAS, DAISY 504 IVAN AVE 57693 32480 59.82$ ASHY LLC 622 E TAMARACK ST 35405 37000 197.64$ BAUGHMAN IDAHO LLC 510 MORROW ST 51691 44690 434.06$ ORESKOVIC FAMILY TRUST 1922 W MAIN ST 9329 51700 404.24$ WOODBURN, ROBERT W 1515 GOLD AVE 18521 62930 53.77$ CONNER MOSER & FAITH MINTZ 3414 GOLDEN VALLEY DR 81369 69620 35.73$ BOZEMAN MAIN & 15TH AVE 1607 W MAIN ST 17971 82020 108.09$ DRISCOLL, CALLAN &JOHN MICHAEL 4140 RAIN ROPER DR 20133 109650 537.58$ GALLATIN MALL GROUP LLC 2825 W MA A-2 A-2 51727 143210 30.45$ ORESKOVIC FAMILY TRUST 1932 W MAIN ST 57047 208010 31.82$ FEELEY, DANIEL G & LANA J 1260 BAXT B B 73217 208120 21.30$ HILDNER RENTALS LLC 2010 S BLACK AVE 68629 209850 53.23$ WOLD, CHRISTOPHER & GWYNETH 1118 BRIDGER DR 78525 211340 584.58$ ROLY POLY COFFEE CO 528 N BROADWAY AVE 58497 236240 86.86$ HAUGEN, CLAY & HANNAH 5445 WESTMORLAND DR 82379 249340 131.69$ STENSON, AMBER & MARY 331 MERIWETHER AVE 78113 262210 111.64$ CENTRE PARK FLATS COA 2440 TSCHACHE LN 84051 276290 46.90$ TOWLE, HIRAM & JEANNINE 2401 BLUE SILOS WAY 84061 276350 152.22$ PATTON, SAMANTHA & JAMES 2320 BLUE SILOS WAY 84065 276410 81.97$ KENNEY, BRIAND 905 HILLSIDE LN 11028 22820 452.28$ UHAUL, AMERCO REAL ESTATE CO 815 S 7TH AVE 11056 117470 360.35$ URBANI, JOSEPH 4092 BROADWATER ST 11171 274460 642.54$ NAHORNIAK, MARK J 5170 DURSTON RD Total Amount Due 13,580.32$ 368 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5516 Levy and Assess Delinquent Snow Removal Charges MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution No. 5516 STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Bend Municipal Code (BMC) 34.06 requires that property owners clear or treat snow and ice on sidewalks. In response to citizen complaints, a City Code Compliance Officer delivers notices to properties who are out of compliance. If the occupants do not respond to the notice by the date indicated, the city contracts for the removal of the snow and ice on their behalf. Property owners are then billed for the actual costs plus administrative charges incurred by the City of Bozeman. Resolution 5516 formally levies and assesses any unpaid bills for the 2022-2023 winter season. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:City budgets include contracted services for snow removal and associated revenue as is consistent with BMC. The delinquent charges proposed to be assessed would recover $7,743.60 of expenses already incurred by the City. Attachments: Resolution 5516 Delinquent Snow Removal FY24.docx Schedule A-Delinquent Snow Removal FY24.pdf Report compiled on: September 13, 2023 369 Version April 2020 RESOLUTION 5516 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 34.06 OF THE CITY OF BOZEMAN MUNICIPAL CODE. WHEREAS,Chapter 34.06 of the Bozeman Municipal Code provides that every person in charge or control of any building or land fronting or abutting on a paved sidewalk shall remove and clear away snow and ice from said sidewalk; and WHEREAS, Chapter 34.06 of the Bozeman Municipal Code provides that special assessments shall be made, levied and collected annually, for the costs of snow and ice removal by the City against property which person in charge or control of said property failed to remove; and WHEREAS, Section 34.06.040 of the Bozeman Municipal Code provides that the City shall annually pass and adopt a resolution levying on assessment against each lot or parcel of land fronting or abutting on the sidewalks which said snow or ice was caused to be cleared by the City. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That to defray the estimated cost and expense for removal of snow and ice from sidewalks in the City of Bozeman, plus penalties authorized by Chapter 34.06 of the Bozeman Municipal Code, an assessment is hereby levied against the property and the several lots, pieces and parcels of land thereof within the City of Bozeman as set forth in Schedule "A", which is attached hereto and made a part of, a particular description 370 Version April 2020 of each lot and parcel of land with the name of the owner and/or owners and the sum assessed against the same is set forth in the assessment list in Schedule "A"; that the several sums set opposite the names of said owners and the described lots and parcels of land, are hereby levied and assessed upon and against said lots and parcels of land for said purpose; that the several sums be collected from the respective owners of said lots and parcels of land described in said assessment list and owned by them; that the said sums shall be paid and the collection thereof be made in the manner and in accordance with Chapter 34.06of the Bozeman Municipal Code, and the laws of the State of Montana governing the collection of special assessments; that failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes. Section 2 That the fee for removal of snow and ice from specified sidewalks in the City of Bozeman shall be the cost of such work, including administrative and enforcement costs. Administrative and enforcement costs shall not exceed 20 percent or $30.00, whichever is greater, per occurrence. Section 3 That this assessment be levied and be billed in October 2023 as are all other special assessments. Section 4 That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10 percent per year from the date this assessment becomes delinquent (December 1, 2023) to the date the assessment it paid. Section 5 That the regular session of the Commission of the City of Bozeman, Montana, to be held in the Commission Room in the City Hall of said City on the 26 th day of September 2023, at 6:00 p.m., be designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. 371 Version April 2020 Section 6 That the City Clerk of the City of Bozeman, has published in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of Bozeman a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense for the removal of snow and ice that occurred in Fiscal Year 2023 from specified sidewalks in the City of Bozeman, against the property of which such service was rendered, is on file in the office of the City Clerk subject to inspection for a period of five (5) days; that said Notice shall state the time and place at which objections will be heard by the Commission to the final adoption of this Resolution, and, that said Notice shall be published at least five (5) days before the date set by the Commission for hearing of objections and the final adoption of this Resolution. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26th day of September 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 372 Schedule A FY 24 ID LID Owner Due Service Address Mailing Address City State Zip 11271 151100 4793 LLC 170.00$ 1068 NEW HOLLAND DR 1627 W MAIN ST #310 BOZEMAN MT 59715 11176 183520 BROWN, CAROL ANN 80.00$ 3442 S 28TH AVE CAROL ANN BROWN TRUST 2219 W OAK ST APT 228 BOZEMAN MT 59718 8669 8820 CAMERON, KIRA G & KEN 262.50$ 1404 S 3RD AVE 2600 RUK RD VAIL CO 81657 9853 77340 CAMPBELL,JOSHUA/HEATHER 100.00$ 711 MEAGHER AVE 26722 RANCHO BUENA CIRCLE MORENO VALLEY CA 92555 11321 49340 COLOMBO, JAY & NATALIE 222.50$ 2909 SECOR AVE 2909 SECOR AVE BOZEMAN MT 59715 11184 250020 CRUZ INGLE, SOPHIE 163.12$ 2288 CHIPSET ST 2288 CHIPSET ST BOZEMAN MT 59718 9772 8190 DAVEL, GREGORY S 155.00$ 1007 S GRAND AVE 5303 MOUNTAIN RD CHEYENNE WY 82009 10073 23640 DRYSDALE FAMILY LLC 180.00$ 122 N 5TH AVE 511 PERKINS PL BOZEMAN MT 59715 11200 229390 FINCH, JONATHAN 50.00$ 2008 JACOBS ST 2008 JACOBS ST BOZEMAN MT 59718 11339 21120 FOGERTY, WILLIAM 245.00$ 825 W VILLARD ST VIRGINIA LEITNER 823 W VILLARD ST BOZEMAN MT 59715 4381 62050 GREG, SAMANTHA L 117.50$ 304 GOLDEN VALLEY DR 304 GOLDEN VALLEY DR BOZEMAN MT 59718 11297 10530 JACOBSEN JR, P W & J L 120.00$ 411 W ARTHUR ST 411 W ARTHUR ST BOZEMAN MT 59715 11277 780 JARVIS, MARK ADRIAN 265.00$ 702 E MAIN ST 4782 JACKSON CREEK RD BOZEMAN MT 59715 11327 6680 JOSEPHSON, TAESON 175.00$ 527 W BABCOCK ST 527 W BABCOCK ST BOZEMAN MT 59715 11261 30420 KG SITE MANAGEMENT 273.74$ 322 N ROUSE TOOK 2 TRIPS PO BOX 1432 BOZEMAN MT 59771 10057 770 KIM, EUN SIL 270.00$ 712 E MAIN ST 2302 SPRING CREEK DR BOZEMAN MT 59715 10349 66300 KIM, EUN SIL 145.00$ 716 E MAIN ST 2302 SPRING CREEK DR BOZEMAN MT 59715 10644 75230 KNOBEL, NICHOLAS 73.00$ 321 PERKINS PL UNIT 4 321 PERKINS PL UNIT 4 BOZEMAN MT 59715 10403 8080 KRUEGER, LOLA 247.50$ 1411 S GRAND AVE PO BOX 485 BUTTE MT 59703 9482 51600 LARSEN II, JAMES C 175.00$ 3009 HEALY AVE 3009 HEALY AVE BOZEMAN MT 59715 9927 99370 LIMANEK, TAYLOR 205.00$ 506 SANDERS AVE 506 SANDERS AVE BOZEMAN MT 59718 11238 204920 MARCHESI, PAOLO 76.87$ 559 ROSA WAY UNIT B 1627 W MAIN ST PMB 187 BOZEMAN MT 59715 10639 31060 MAYER, MARK & JULIANNE 800.00$ 309 PERKINS PL 309 PERKINS PL BOZEMAN MT 59715 11240 201450 NELSON, DAVID A 135.00$ 4061 MOONSTONE DR 4061 MOONSTONE DR BOZEMAN MT 59718 11237 204910 O'LEARY, RYAN T 90.00$ 859 ROSA WAY UNIT A 859 ROSA WAY UNIT A BOZEMAN MT 59718 11198 182850 PARKS, LYNNELL H 317.50$ 3429 PARKWAY AVE 10587 W MAPLEWOOD DR APT C LITTLETON CO 80127 10826 19200 POWELL-PALM, NATHANIEL 572.50$ 1219 W KOCH ST 1219 W KOCH ST BOZEMAN MT 59715 DELINQUENT SNOW REMOVAL 373 11336 178970 RIDGWAY, ALYSON 95.00$ 1826 BUCKRAKE AVE ANDREW M TENNYAVE 1826 BUCKRAKE AVE BOZEMAN MT 59718 11197 58190 SCHAERRER, FRANCESCA 210.00$ 505 FIELDSTONE DR 505 FIELDSTONE DR BOZEMAN MT 59715 11186 234410 SHORT, SCOTT & JOCELYN 76.87$ 3441 S 22ND AVE 3441 S 22ND AVE BOZEMAN MT 59718 8232 11150 SOUTH EIGHTH STREET LLC 575.00$ 520 S 8TH AVE 929 NELSON RD BOZEMAN MT 59718 11332 260570 SPILLER-HISEY, JANNINE 312.50$ 3030 MISTRAL WAY STEVEN & MICHAEL HISEY 3030 MISTRAL WAY BOZEMAN MT 59718 11241 239000 STEWART, C & W 100.00$ 4143 MOONTONE DR 4143 MOONSTONE DR BOZEMAN MT 59718 11287 247910 TINETTI, ERIKA & JAMIE 230.00$ 5571 MAY FLY ST 5571 MAY FLY ST BOZEMAN MT 59718 11248 43490 VOLLMER, TERRY J 175.00$ 506 N 18TH AVE CONNIE LOUISE VOLLMER 506 N 18TH AVE BOZEMAN MT 59715 7,743.60$ Total Due 374 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Appointments to the Gallatin Valley Urban Transit District Board MEETING DATE:September 26, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint members to the Gallatin Valley Urban Transit District Board STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The District shall be a separate legal entity from either Gallatin County, City of Belgrade, or City of Bozeman local governments as allowed by Title 7, Chapter 14, Part 2, MCA. The purpose of the District is to supply transportation services and facilities to District residents and other persons. The District shall provide quality public transportation service to meet the mobility needs of the community, but may authorize service outside the District boundaries where deemed appropriate. The Board shall have all powers necessary and proper to the establishment, operation, improvement, maintenance, and administration of the District. Preference will be given to individuals with a demonstrated interest in the provision and promotion of public transportation. Members appointed to the Board shall have official capacity to represent a local government entity, a founding partner, and/or the ability to represent a transit rider perspective, including but not limited to, at large, a senior, and those living with a disability. UNRESOLVED ISSUES:None Identified ALTERNATIVES:As per the Commission FISCAL EFFECTS:None Attachments: 375 Andrus GVUTD Board Application.docx GVUTD Board Application - Egge flat.pdf Report compiled on: September 18, 2023 376 Gallatin Valley Urban Transportation District (GVUTD) Board Application Contact Information Name Cynthia Andrus Street Address 121 N. Rouse (City Hall) City, ST ZIP Code Bozeman, MT 59715 Home Phone (406) 581 1228 Work Phone (406) 600-0987 E-Mail Address candrus@bozeman.net Availability Are you available to meet on a monthly basis? (Currently meetings are held on the third Wednesday of the month at 3:30 p.m.) XX Yes No Interest in Being a Board Member Please tell us why you want to be a GVUTD Board Member, and how you believe you can help the GVUTD Board. (Discuss any previous transportation experience, or what perspective that you can bring to the Board). I am the current mayor, and I currently serve as the liaison to the Streamline Board. I am also the commission liaison to the city transportation board. I have been the liaison to the Parking Commission, now the Transportation Board, for most of my tenure on the city commission. 377 Special Skills or Qualifications Summarize special skills and qualifications you have acquired from employment, previous volunteer work, or through other activities, including hobbies or sports. (i.e., administration, fundraising, grant writing, etc.) I have served on the city commission for 13 years including two terms as mayor. For most of that time, I served on the Parking Commission, now the Transportation Board. This is my second (maybe third) time as the commission liaison to the Streamline Board. I have also been involved in negotiating the Metropolitan Planning Organization MOU between the city of Belgrade and Gallatin County. Previous Volunteer Experience Summarize your previous volunteer experience.See above Conflict Management Please describe a time when you disagreed with a fellow board member or a co-worker. How did you handle it? Did you ever feel you needed to quit or leave a board or a job due to a conflict? If so, please describe the situation and how you resolved it.My role on these boards has been as a commission liaison and therefore I adhere to the decorum expected of a public official. Agreement and Signature By submitting this application, I affirm that the facts set forth in it are true and complete. I understand 378 that if I am accepted as a volunteer, any false statements, omissions, or other misrepresentations made by me on this application may result in my immediate dismissal. Name (printed) Cynthia L. Andrus Signature Cynthia l Andrus Date 9/18/23 Our Policy It is the policy of the GVUTD to provide equal opportunities without regard to race, color, religion, national origin, gender, sexual preference, age, or disability. Thank you for completing this application form and for your interest in volunteering with us. Streamline and Galavan are services of the Human Resource Development Council District IX, Inc. (HRDC). GVUTD Board Members are not compensated for their time. For specific questions relating to the GVUTD Board, contact Sunshine Ross at (406) 587-2434 or sross@thehrdc.org Please submit this application to one of the following addresses: Sunshine Ross HRDC 32 South Tracy Bozeman, Montana 59715 sross@thehrdc.org 379 Gallatin Valley Urban Transportation District (GVUTD) Board Application Contact Information Name Street Address City, ST ZIP Code Home Phone Work Phone E-Mail Address Availability Are you available to meet on a monthly basis? (Currently meetings are held on the third Wednesday of the month at 3:30 p.m.) Yes No Interest in Being a Board Member Please tell us why you want to be a GVUTD Board Member, and how you believe you can help the GVUTD Board. (Discuss any previous transportation experience, or what perspective that you can bring to the Board). Mark Egge 1548 S Grand Ave Bozeman, MT 59715 406-548-4488 mark@eateggs.com 406-548-4488 x I’m passionate about the role of transit in creating sustainable, livable, and equitable cities, and would like to enact that passion through service on the GVUTD board. Transit is vitally important to the communities it serves. In the fast-growing Gallatin Valley, transit not only serves the needs of the existing community and also informs the future transportation choices for a growing community. Transit provides lifeline transportation for many community members to work or other destinations. From a planning perspective, transit solves an essential geometry problem: sustainable cities simply cannot allocate adequate physical space to transportation infrastructure to allow everyone to meet all of their transportation needs in personal automobiles. Buses greatly multiply the amount of transportation that can be provided for a given amount of physical infrastructure. Sustainable cities must provide compelling alternatives to driving alone for all trips, and transit plays an essential role in this. 380 Special Skills or Qualifications Summarize special skills and qualifications you have acquired from employment, previous volunteer work, or through other activities, including hobbies or sports. (i.e., administration, fundraising, grant writing, etc.) Previous Volunteer Experience Summarize your previous volunteer experience. Conflict Management Please describe a time when you disagreed with a fellow board member or a co-worker. How did you handle it? Did you ever feel you needed to quit or leave a board or a job due to a conflict? If so, please describe the situation and how you resolved it. I work in transportation planning professionally and have a strong personal interested in seeing the Gallatin Valley have a robust and effective transit system. I believe that I can contribute to the Gallatin Valley Urban Transportation District board drawing from my professional experience working in transportation planning and my prior involvement with Bozeman-area long-range land use planning as a member of the Bozeman Planning Board (and coauthor of the current adopted Bozeman Community Plan). I regularly attend and contribute to professional conferences on transportation and transportation planning, am published in the Transportation Research Record and the Journal of Public Transportation, and have ample board member experience. Streamline Advisory Board: January 2020 – Present Member, Bozeman City Planning Board, January 2019 – August 2021 Member, Parking Parking Commission, January 2018 – Oct. 2021 Member, Governor’s Housing Task Force, July 2022 – Present Member, GVLT NextGen Advisory Board, April 2021 – Dec. 2021 I have found that timely and candid communication is the best strategy for resolving conflict. I could cite numerous recent examples of conflict with coworkers that was quickly resolved by meeting with the coworker, stating my perspective, and asking for theirs. 381 Agreement and Signature By submitting this application, I affirm that the facts set forth in it are true and complete. I understand that if I am accepted as a volunteer, any false statements, omissions, or other misrepresentations made by me on this application may result in my immediate dismissal. Name (printed) Signature Date Our Policy It is the policy of the GVUTD to provide equal opportunities without regard to race, color, religion, national origin, gender, sexual preference, age, or disability. Thank you for completing this application form and for your interest in volunteering with us. Streamline and Galavan are services of the Human Resource Development Council District IX, Inc. (HRDC). GVUTD Board Members are not compensated for their time. For specific questions relating to the GVUTD Board, contact Sunshine Ross at (406) 587-2434 or sross@thehrdc.org Please submit this application to one of the following addresses: Sunshine Ross HRDC 32 South Tracy Bozeman, Montana 59715 sross@thehrdc.org Mark Egge September 7, 2023 382 NAME & ADDRESS Contractor License # Bid K2 Ventures Inc 2545 Spain Bridge Rd Belgrade, MT 59714 Registration number pending Present and Signed Pre sen t $ 153,438.41 Mike Maas Karl Johnson City Clerk Engineer Bid Check:Delivered to Finance:Accepted By:Date: 1 2 3 4 City of Bozeman BID - N 19th Ave Pathway Opened and read aloud, Thursday, August 3, 2023 at 2:00 p.m. NON-DISCRIMINATION AFFIRMATION BID BOND DocuSign Envelope ID: 065F4D2B-194F-4293-9010-4D409F07EA8E 238383