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HomeMy WebLinkAboutComplete_with_Docusign_MSUIC_PDZ_Grant_Agree Docusign Envelope ID:AAD7FOOC-E2FC-416E-8F9B-041991FAF60C GRANT AGREEMENT Montana State University Innovation Campus THIS AGREEMENT is made and entered into this 9th day of July ,2024 by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 ("City") as GRANTOR and the Montana State University Innovation Campus (MSUIC), a 5016 Montana non-profit organization located at 1501 South 11th Avenue and with a mailing address of P.O. Box 172750 , Bozeman, Montana 59718 as GRANTEES. 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, the City Commission may make grants of money for public purposes pursuant to Sect. 7-1-4124(9), MCA; and WHEREAS, on November 5, 2012, via Ordinance 1844, the Bozeman City Commission established the South Bozeman Technology District for the purpose of developing infrastructure to encourage the location and retention of technology infrastructure projects in the City; and WHEREAS,the 2012 South Bozeman Technology District Comprehensive Plan anticipates using District funds to offset costs associated with planning and infrastructure development; and WHEREAS, the City recognizes that job creation and industry diversification are economic development priorities of the Montana State University Innovation Campus; and WHEREAS, the MSUIC is located entirely within the South Bozeman Technology District and is the sole property owner within the District and is currently developing the MSUIC; and WHEREAS, on February 27, 2024, the Bozeman City Commission approved the MSUIC's application for a Planned Development Zone (PDZ), zone map amendment to the MSUIC, in which MSUIC agreed that future development projects on the MSUIC parcel will meet certain conditions of sustainability and resilient design. WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community by supporting efforts to establish a PDZ for a campus in our community focused on job creation and industry diversification, while ensuring development on the MSUIC is sustainable and resilient including reduced water consumption and reduction of non-renewable energy as required by the PDZ. WHEREAS, the South Bozeman Technology District fund can support the grant amount of $16,409. THE PARTIES AGREE: FY 2024 Montana State University Innovation Campus— Planning Grant Agreement Docusign Envelope ID:AAD7FOOC-E2FC-416E-8F9B-041991FAF60C 1. The Grant. The City will grant and release to GRANTEE a sum of up to sixteen thousand four hundred and nine dollars($16,409)from its South Bozeman Technology District Fund (the "Grant")pursuant to the payment terms in Section 3. 2. Use of Grant Funds. Grant funds in the amount of sixteen thousand four hundred and nine dollars ($16,409) will be used by GRANTEE for the sole purpose of paying a 1/3 portion of the total planning and development fees ($49,225) associated with the creation of the PDZ within the South Bozeman Technology District boundary and on the MSUIC with the intent of utilizing the new zoning designation to build out the MSUIC. The total planning and development fees for the creation of a PDZ must be paid by the MSUIC, in its entirety, by the end of the calendar year 2024 or the MSUIC will be invoiced by the City for the granted amount($16,409)with the expectation that the granted amount will be remitted in full to the City of Bozeman within 60 days of the end of the calendar year 2024. 3. Payment of Grant Funds a. The City will pay or transfer sixteen thousand four hundred and nine dollars ($16,409) of the total PDZ planning fee($49,225)to the Community Development Department from the South Bozeman Technology District fund. 4. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect Grantee's performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish and complete the financial requirements of the creation of a PDZ at the MSUIC. 5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, FY 2024 Montana State University Innovation Campus— Planning Grant Agreement Docusign Envelope ID:AAD7FOOC-E2FC-416E-8F9B-041991FAF60C the proof of expenses paid. GRANTEE agrees to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE's compliance with the requirements of this Agreement. GRANTEE must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. GRANTEE shall not issue any statements, releases, or information for public dissemination without prior approval of the City. 6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with creation of a PDZ at the MSUIC. 7. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors are not subject to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 8. Default and Termination. a. If GRANTEE fails to comply with Section 2 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 one-third ($16,409) of the fees associated with the creation of a PDZ at the MSUIC. 9. Limitation on GRANTEE's Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE's damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special,punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. FY 2024 Montana State University Innovation Campus— Planning Grant Agreement Docusign Envelope ID:AAD7FOOC-E2FC-416E-8F9B-041991FAF60C b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim,within ninety(90)days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 10. Representatives a. City's Representative. The City's Representative for the purpose of this Agreement shall be Brit Fontenot, Economic Development Director, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however,that in exigent circumstances when City's Representative is not available, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. GRANTEE's Representative. GRANTEE's Representative for the purpose of this Agreement shall be Mark Sharpe, Executive Director of the MSUIC, or such other individual as GRANTEE shall designate in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication shall be directed to GRANTEE's Representative; provided, however, that in exigent circumstances when GRANTEE's Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify, and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third-party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE's (i) negligence, or(ii)willful or reckless misconduct. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s)which would otherwise exist as to such indemnitee(s). GRANTEE's indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. FY 2024 Montana State University Innovation Campus— Planning Grant Agreement Docusign Envelope ID:AAD7FOOC-E2FC-416E-8F9B-041991FAF60C 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 or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or FY 2024 Montana State University Innovation Campus— Planning Grant Agreement Docusign Envelope ID:AAD7FOOC-E2FC-416E-8F9B-041991FAF60C non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE's receipt of notice that any required insurance coverage will be terminated or GRANTEE's decision to terminate any required insurance coverage for any reason. 12. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. GRANTEE represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). GRANTEE must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 13. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City are subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE will provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk's 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. FY 2024 Montana State University Innovation Campus— Planning Grant Agreement Docusign Envelope ID:AAD7FOOC-E2FC-416E-8F9B-041991FAF60C b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney-client relationship between GRANTEE and the City. 14. Attorney's Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 15. Integration and Modification. This document contains the entire agreement between the parties and no statements,promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 16. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty(30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 17. No Assignment. GRANTEE may not subcontract or assign GRANTEE's rights,including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 18. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties' intent to confer third party beneficiary rights upon any other person or entity. FY 2024 Montana State University Innovation Campus— Planning Grant Agreement Docusign Envelope ID:AAD7FOOC-E2FC-416E-8F9B-041991FAF60C 19. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 20. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 21. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 22. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 23. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year indicated below. DocuSigned by: DocuSigned by: Date: 7/9/2024 509880919BDA472... •�'+.y�.r�'S Chuck Winn, Interim City Manager City of Bozeman L gned',by,::v�, s"`^""ft, Date: 7/9/2024 Mark Sharpe, Executive Director Montana State University Innovation Campus Approved as to form: DocuSigned by: Date: 7/9/2024 876992AC9ACA44B... Greg Sullivan, City Attorney City of Bozeman FY 2024 Montana State University Innovation Campus— Planning Grant Agreement DocuSign Certificate Of Completion Envelope Id:AAD7FOOCE2FC416E8F9B041991 FAF60C Status:Completed Subject:Complete with Docusign: MSUIC PDZ Grant Agreement.pdf Source Envelope: Document Pages:8 Signatures:3 Envelope Originator: Certificate Pages:5 Initials:0 Mike Maas AutoNav: Enabled Stamps: 1 PO Box 1230 Envelopeld Stamping: Enabled Bozeman, MT 59771 Time Zone: (UTC-07:00)Mountain Time(US& Mmaas@bozeman.net Canada) IP Address:69.145.83.100 Record Tracking Status:Original Holder:Mike Maas Location: DocuSign 7/9/2024 3:37:23 PM Mmaas@bozeman.net Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:City of Bozeman Location: DocuSign Signer Events Signature Timestamp Mark Sharpe ED-USil"IdbySent:7/9/2024 8:00:06 PM mark.sharpe@msuaf.org AA s6yrt, Viewed:7/9/2024 8:08:39 PM Executive Director SBF08AOECEC747C Signed:7/9/2024 8:08:52 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.234.0.180 Signed using mobile Electronic Record and Signature Disclosure: Accepted:7/9/2024 8:08:39 PM ID:435daeed-9686-406c-aa86-feed6f5837f9 Greg Sullivan E876992ACgACA44B DocuSigned by: Sent:7/9/2024 8:08:53 PM gsullivan@bozeman.net suw"V, Viewed:7/9/2024 8:16:11 PM Bozeman City Attorney Signed:7/9/2024 8:16:30 PM City of Bozeman,Montana Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address:69.145.83.100 Electronic Record and Signature Disclosure: Accepted:7/9/2024 8:16:11 PM ID:61 a3fc97-5d89-4d03-b927-e27b01 fa5a48 Chuck Winn ED—Si,nedby: Sent:7/9/2024 8:16:32 PM IIcwinn@bozeman.net 5 .. 9RA4& 9Viewed:7/9/2024 8:42:53 PM 9 Y Manager Actin City Mana Signed:7/9/2024 8:43:30 PM City of Bozeman Signature Adoption: Pre-selected Style Security Level: Email,Account Authentication (None) Using IP Address:69.145.83.100 Electronic Record and Signature Disclosure: Accepted:7/9/2024 8:42:53 PM ID:f444f225-9785-422e-ad7e-6c1 28abdf5bf Mike Maas Signed Sent:7/9/2024 8:43:32 PM mmaas@bozeman.net y Viewed:7/12/2024 8:30:28 AM City Clerk °4?' Signed:7/12/2024 8:30:44 AM City of Bozeman Security Level: Email,Account Authentication (None) Using IP Address:69.145.83.100 Signer Events Signature Timestamp Electronic Record and Signature Disclosure: Accepted: 1/6/20204:08:14 PM ID:79370d6f-72a4-4837-866f-9ec31 f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jamie Grabinski COPIED Sent:7/12/2024 8:30:45 AM jrabinski@bozeman.net Grants Coordinator City of Bozeman Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Brit Fontenot COPIED Sent:7/12/2024 8:30:46 AM bfontenot@bozeman.net Viewed:7/12/2024 9:20:27 AM Brit Fontenot Dir of Econ. Dev. Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:4/17/2022 11:30:30 AM ID:f5f70c3f-d4bb-4407-bb99-cfeaa902a03b Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/9/2024 8:00:06 PM Certified Delivered Security Checked 7/12/2024 8:30:28 AM Signing Complete Security Checked 7/12/2024 8:30:44 AM Completed Security Checked 7/12/2024 8:30:46 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:7/9/2018 4:06:02 PM Parties agreed to:Mark Sharpe,Greg Sullivan,Chuck Winn,Mike Maas,Brit Fontenot CONSUMER DISCLOSURE From time to time, City of Bozeman(we,us or Company)may be required by law to provide to you certain written notices or disclosures. 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