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HomeMy WebLinkAbout11-14-16 CC Mtg - A3. HRDC Youth Emergency Shelter Grant Commission Memorandum REPORT TO: Mayor and City Commission FROM: Mayana Rice, Associate Planner SUBJECT: HRDC is requesting a $30,000 one time grant for a youth emergency shelter from the City's Community Housing Fund MEETING DATE: November 14, 2016 AGENDA ITEM TYPE: Action RECOMMENDED MOTION: “I move to approve the allocation of $30,000 from the Community Housing Fund to HRDC in support of youth emergency housing and authorize the City Manager to execute the grant agreement on behalf of the City.” BACKGROUND: The City of Bozeman conducted a study in 2012 that developed an Affordable Housing Action Plan. Within this plan, emergency sheltering was identified as a need in the community. The City’s Community Housing Fund exists to support a wide variety of housing needs throughout the community. Human Resources Development Council of District IX, Inc. (HRDC) would like to utilize funds from the City’s Community Housing Fund to address emergency sheltering. Youth are the specific at risk population that HRDC would like to aid by utilizing emergency shelter monies to support their existing youth emergency housing program. HRDC is requesting $30,000 (one time) grant from budgeted affordable housing funds that will be used over a 3-year HRDC budget. HRDC will be appearing to make their request and to address fiscal impacts. The City’s Community Affordable Housing Board (CAHAB) reviewed the request and recommended that the City approve the requested funding. ALTERNATIVES: 1) Approve the grant. 2) Deny the grant. Attachments: Draft Grant Agreement Report compiled on: November 3, 2016 160 Grant Agreement – HRDC Youth Shelter Page 1 GRANT AGREEMENT HRDC – EMERGENCY SHELTER ASSISTANCE FOR YOUTH SHELTER PROJECT THIS AGREEMENT is made and entered into this ____ day of __________, 2016 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 Human Resources Development Council of District IX, Inc. (“HRDC”), a Montana nonprofit corporation located at 32 South Tracy Ave., Bozeman Montana 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, the City approved a 2012-2016 Affordable Housing Action Plan on May 21, 2012 (the “Action Plan”) which identified supplying the area with emergency shelter beds as an activity eligible for City funding; and WHEREAS, HRDC wishes to address the emergency housing need of youth in the area; and WHEREAS, on August 10, 2016 HRDC presented a request for a grant of up to $30,000 from the City’s Community Housing Fund to be used for assistance to operate transitional housing for up to 6 youth; and WHEREAS the City’s Community Affordable Housing Advisory Board (“CAHAB”) reviewed HRDC’s request and recommended that the City approve the request for funding up to $30,000; and WHEREAS, on ________________ the City Commission approved the grant request made by HRDC. THE PARTIES AGREE: 1. The Grant. The City will grant and release to HRDC a sum of up to thirty thousand dollars ($30,000) from its Community Housing Fund (the “Grant”) pursuant to the payment terms in Section 3. 2. Use of Grant Funds. Grant funds will be used by HRDC for the sole purpose of paying, with matching funds, for the operations of a youth shelter (the “Project”). 161 Grant Agreement – HRDC Youth Shelter Page 2 3. Payment of Grant Funds a. Once HRDC has secured all the financing it requires to fund the Project besides the Grant, it will notify the City and provide evidence of such financing as is requested by the City Attorney. If HRDC fails to provide such evidence, the grant funds will remain in the City’s Community Housing Fund and will not be granted to HRDC. b. Should HRDC receive additional funding for the Project from other funding sources, or if for any other reason HRDC requires less than $30,000 to fully fund the Project, it will notify the City of such reduction in need as soon as reasonably possible and the City may reduce the amount of the Grant and the payment(s) of Grant funds. c. Per Bozeman Commission Resolution No. 3866, all Grant funds must be awarded within a one-year period from the date of the first award by the City to HRDC. Any funds from the Grant not awarded during the one-year period will remain in the City’s Community Housing Fund and available for other appropriation. 4. Grantee Representations a. HRDC 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 HRDC’s performance under this Agreement. b. HRDC 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 HRDC to meet this warranty. c. HRDC represents and warrants to City that the Grant funds are necessary to accomplish the financing requirements of the Project, and that HRDC will not 162 Grant Agreement – HRDC Youth Shelter Page 3 request delivery of Grant funds until all other sources of financing have provided such financing to HRDC. 5. Reports/Accountability/Public Information. By the end of January of each year after the effective date of this Agreement, HRDC will provide to the City a written financial report that includes, at a minimum, the following: a. Total number of youth assisted; b. Total number of transitions to stable housing; c. Total number of youth employed 90+ days; and d. Total number of youth completing soft skills and ready to rent programming. HRDC agrees to develop and/or provide such other documentation as requested by the City demonstrating HRDC’s compliance with the requirements of this Agreement. HRDC 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 HRDC pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. HRDC will retain such records for fifteen years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. HRDC shall not issue any statements, releases or information for public dissemination without prior approval of the City. 6. Independent Contractor Status. The parties agree that HRDC, 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. HRDC 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. HRDC, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 7. Default and Termination. If HRDC 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 HRDC. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, HRDC will repay to the City any Grant funds already delivered to HRDC for the Project. 8. Limitation on HRDC’s Damages; Time for Asserting Claim 163 Grant Agreement – HRDC Youth Shelter Page 4 a. In the event of a claim for damages by HRDC under this Agreement, HRDC’s damages shall be limited to contract damages and HRDC 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 HRDC wants to assert a claim for damages of any kind or nature, HRDC 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 HRDC fails to provide such notice, HRDC shall waive all rights to assert such claim. 9. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Mayana Rice 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, HRDC may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. HRDC’s Representative. HRDC’s Representative for the purpose of this Agreement shall be Heather Grenier or such other individual as HRDC shall designate in writing. Whenever direction to or communication with HRDC is required by this Agreement, such direction or communication shall be directed to HRDC’s Representative; provided, however, that in exigent circumstances when HRDC’s Representative is not available, City may direct its direction or communication to other designated HRDC personnel or agents. 10. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, HRDC 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 HRDC’s (i) negligence, (ii) willful or reckless misconduct, or (iii) making or refusing to enter into a lease agreement for any Project rental unit. 164 Grant Agreement – HRDC Youth Shelter 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). HRDC’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 HRDC to assert its right to defense or indemnification under this Agreement or under HRDC’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 HRDC 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. HRDC 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 and the services performed hereunder. In addition to and independent from the above, HRDC shall at HRDC’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 HRDC in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by HRDC 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 165 Grant Agreement – HRDC Youth Shelter Page 6 the City and HRDC 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 non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to HRDC. HRDC shall notify City within two (2) business days of HRDC’s receipt of notice that any required insurance coverage will be terminated or HRDC’s decision to terminate any required insurance coverage for any reason. 11. Nondiscrimination. HRDC will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, or physical or mental disability in providing access, support or assistance pursuant to this Agreement to youth in need of shelter. HRDC will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. HRDC 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. HRDC 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. HRDC shall require these nondiscrimination terms of its sub-Contractors providing services under this agreement. 12. Public Meetings and Access to Public Records a. Meetings of HRDC 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, HRDC will provide agendas for meetings that pertain to the 166 Grant Agreement – HRDC Youth Shelter Page 7 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 HRDC 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, HRDC shall make such records available for inspection and copying by members of the public. HRDC may charge for such copying in accordance with the policies of the City, which HRDC 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 HRDC documents is protected by law from disclosure, HRDC may seek a determination of the City Attorney at no cost to HRDC. Such request and determination shall not create an attorney-client relationship between HRDC and the City. 13. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 14. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 15. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. 167 Grant Agreement – HRDC Youth Shelter Page 8 Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 16. No Assignment. HRDC may not subcontract or assign HRDC’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 18. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 19. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 21. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 168 Grant Agreement – HRDC Youth Shelter Page 9 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Chris Kukulski, City Manager City of Bozeman STATE OF MONTANA ) : ss. County of Gallatin ) On this ______ day of __________________, 2016, this instrument was acknowledged before me by Chris A. Kukulski as City Manager of the City of Bozeman, a self-governing municipal government. ______________________________________ Notary Public for the State of Montana Printed Name: __________________________ Residing at: ____________________________, Montana My commission expires: _______________ _______________________ Date: __________ _______________________ [print name] _______________________ [title] Heather Grenier, President and CEO of HRDC STATE OF MONTANA ) : ss. County of Gallatin ) On this ______ day of __________________, 2016, this instrument was acknowledged before me by _________________________, as _______________[title] of HRDC, Inc., a Montana nonprofit corporation. ______________________________________ Notary Public for the State of Montana Printed Name: __________________________ Residing at: ____________________________, Montana My commission expires: _______________ 169