Loading...
HomeMy WebLinkAbout15- The Alltitude Gallery Bozeman Energy Project Grant Receipt AgreementChris Kukulski City Manager Chris, CITY OF BOZEMAN Bozeman, Montana Office of Sustainability BOZEMAN ENERGY PROJECT GRANT CHECKLIST 111 �� 1 BOZEMAN ' ENERGY February 23, 2015 Here is the Bozeman Energy Project (BEP) grant agreement for the Altitude Gallery's LED lighting retrofit project. The Altitude Gallery is eligible for BEP incentive funds in the amount of $524.61. The following documents have been submitted to accompany this grant agreement. Documents are on file in the Office of Sustainability. v< Bozeman Energy Project Incentive Application e Bozeman Energy Project Statement of Project Completion 1,K Project invoice(s) 27 NorthWestern Energy E+ energy appraisal �NorthWestern Energy rebate payment receipt W-9 Sincerely, Heather Higinbotham Energy Conservation Technician 121 N Rouse Avenue Bozeman, MT 59715 [Type text] Phone: (406) 582-2370 BOZEMAN ENERGY PROJECT GRANT RECEIPT AGREEMENT ;41-�.<� ENERGY THIS AGREEMENT is made and entered into this 2e day of February, 2015, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation, organized and existing under the laws of the State of Montana, located at 121 N. Rouse Ave. with a mailing address of PO Box 1230, Bozeman, Montana 59771, ("City") and The Altitude Gallery, located at 134 E. Main St., Bozeman, Montana 59715, ("Grantee'). 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. GranbTerm: The City hereby agrees to award Grantee a grant in the amount of $524.61 for the sole and exclusive purpose of the Altitude Gallery LED lighting retrofit project (hereinafter referred to as the "Grant") as stated in Grantee's `Bozeman Energy Project" Application dated 2/23/15• This Agreement is effective upon the date of its execution and will be in full force and effect until Grantee proves to the satisfaction of the City the Grant funds have been used in compliance with this Agreement. 2. Requirements for Use Of Grant: Grantee shall comply with all requirements of the Bozeman Energy Project as established pursuant to Bozeman City Commission Resolution 4497 and other requirements as may be established by the Bozeman City Manager. a. Grantees must adhere to the procurement requirements outlined in the "Documentation and Selection of Vendors" section of the City of Bozeman's Purchasing Policy. All work done pursuant to the Grant must be completed by licensed, insured, and bonded contractors. b. Grantees will be reimbursed only after submitting invoices and a statement of completion signed by the applicant and contractor. c. The City reserves the right to complete a visual inspection of the finished projects. d. No portion of the Grant may be used for purposes other than as described herein or in violation of any laws. 3• Accountabiliri: The Grantee recognizes the Grant consists of public monies and as such agrees to allow the City, its auditors, and other persons authorized by the City to inspect and copy the books and records of Grantee related to the use of the Grant for the purpose of verifying that the Grant was used in compliance with this Grant Receipt and the law. 4• Grantee Independent: The Grantee agrees: a. it is a separate legal entity independent from the City; Bozeman Business Energy Grant Receipt Agreement Page 1 of 4 b. it is not an agent of the City; c. it is not authorized to act on behalf of the City, its elected officials, departments, or employees; and d. it is not under the control of the City. 5• Nondiscrimination: The Grantee will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti -discrimination laws, regulations, and contracts. The 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. The Grantee 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 there under. The Grantee shall require these nondiscrimination terms of its contractors providing services under this Agreement 6. Indemnity: Grantee agrees to indemnify, defend, and save the City, its officers, agents, and employees harmless from any and all losses, damage, and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Grantee or its agents or employees in carrying out the purposes of this Grant. This provision shall survive the completion of any work done under this Agreement for the maximum period allowed under applicable law. 7. Permits: Grantee 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. 8. Default and Termination/ Refund of Grant: if the 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 Grantee does not cure the default within fifteen (15) days after the City provides written notice to the Grantee. The notice will set forth the items to be cured. if this Agreement is terminated pursuant to this Section, the Grantee must return all or a portion of the Grant funds awarded under this Agreement as required by the City even if such Grant funds have been previously expended by Grantee. 9. 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. 10. Assignability/Contractors: Grantee may not assign responsibility for performance of the Grant to any other person or entity without the express written consent of City. Any contractor or subcontractor or assignee will be bound by all of the terms and conditions of this Agreement Bozeman Business Energy Grant Receipt Agreement Page 2 of 4 I]. 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. 12. 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. 13. Choice of Law: This Agreement shall be governed and construed in accordance with the laws of the State of Montana. 14. 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. 15• Severability: if any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 16. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Bozeman Business Energy Grant Receipt Agreement Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CM OF BOZEMAN Date: q— if Chris A. Kukulski, City Manager GRANTEE The Altitude Gallery By Date: Amy Kirkland, Owner, The Altitude Gallery Print Name: GY L Print Title: r. Wy'24 Bozeman Business Energy Grant Receipt Agreement Page 4 of 4