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HomeMy WebLinkAbout92- Community Development Block Grant Contract #MT-CDBG-91ED-04 , . . (j / ) , . /\ .'1',) COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT CONTRACT #HT-CDBG-91ED-04 This Cont1"act is entered into by the City of Bozeman, Montana, her(~in referred to as "the Grantee" and the St.ate of 1'1ontana Department of Commerce, Helena, 1'10n ta na, herein referred to as "the Department. " WITNESSETH THAT the Grant(-~(~ and the Department mutually agree as follows: 1. PURPOSE The _purpose of this Contract ] s to provide funding for project activities approved by the Department under the Montana Community Development Block Grant Program (CDBC) for FY 1991. ') EFFECTIVE DATE AND TIME OF PERFORMANCE "" . This Contract takes effect on December 4 , 1991. The activities to be performed by the Grantee will be completed no later than Decembe1- 4, 1993. Activities will conform to the implementation schedule included as Attachment A to this Con tract, which by this n~ference is made a part hereof. 3. SCOPE OF ACTIVITIES The Grantee ","'i 11 engage J_n act .i v i t j c. H a~; set. forth III the Gran-tee IS pre-applicatiun and full applicaLion, including any written modifications resul t,inlJ from the reVlew of the appl ica t_ions by the DCpal"tment::., for COBG grant assistance which by t:his reference arc made a part hereof. The G 1" ant e e wi 11 loan $190,000 to Lattice Materials COl.'poration for administrative costs to be used during the start up of its business activities. Lattice Materials Corporation has projected the creation of 16 full time equivalent positions, of which 11 will be filled by low and moderate lncome persons. 4. BUDGET a) The total amount to be awan:led to the Grantee under this Contract will not exceed $19B,000. b) A copy of the project budget IS included as Attachment B to this Contract, and by this reference is made binding upon the Grantee. '1'he Grantee may modify this budget only after having requested and received prior approval of the adjustment from the Department. - 1 - '. . c) Budget adjustmE:'nts must receive prior approval ll'om the Department. Fur adjustments of $5,000 or less De t\vccn line items of the CDBG pOl,tion of Attachment B, Department approval of the Request lor Payment form will constitute approval of the budCJet adjustment. The rationale for bud~Jet adjustment. must be described l.n the Project ProS:lress Hcport and the proposed adjustments noted ..LO the Herjllest for Payment and status of Funds Report submitted with draws against the grant. funding reserve. Budget adjustments 1n excess of $5,000 requ1re formal Department. approval. d) If an acceptable progl-am 1ncome plan 1S submitt.ed to the Department. before funds are released for the project, the Grantee may be permitted to retain program .income generated by the activities described In section 3 . Scope of Activities. Program i.ncome received before the project is closed out by the Department must be expended on project activities before additional CDBG funds are request.c'd by the Grantee. The Depa rt_ment will deduct t.he amount of program lncome on band shown on the drawdown form from the amount requested by the Grantee. The receipt and expenditure of program _income ~'3hall be treated as additional CDnG funds subject to all applicable requirements 9overnl_nf,] the use of eDue; funds. The receipt and expenditure of program l_ncurnc~ shall be recorded as part. of Lhe financial transactions of the grant program. At_ the time of closeout, the Deparhnent will specify the conditions and n=quirements that will apply to pl"ograrn lncome received by the Grantee after pl"oject closeout. 5 . Ar>'IOUN'l' OF GHANT AND METHOD OF PAYMENT a) The Department will authorize the Grantee to draw up to $198,000 against the funding reserved for it by the Department.. In drawing against the reserved amount the Grantee will follow t.he instruct.ions supplied by the Department: . b) The Grantee will review and determine the propriety of and need for each request f(H- funds by t.he Borrower :Ln relation to the proposed US("S specified :In its final CDBG loan agreement and .in the Grantee's CDBG application to the Department. c) A copy of t.he loan agreement between the Grant-ee and the Borrower must be ~mbmi t led to the Department fOl" rCVlew before it lS executed. The Grantee shall not execute the loan agreement until the Grantee recelves written approval from t.he Department. d) If the Department determines tha t~ the Grant.ec has failed to satisfactorily carry out its responsibilities under - 2 - this Contract, the Department may revoke the Grantee's authority to draw against the reservation described herein until such time as the Department and the Grantee agree on a plan to remedy the deficiency. e) The Department of Commerce reserves the right to withdraw a commitment for any CDBG funds which remain unobligated twenty-four months after the date of the announcement of the tentative grant award, which was December 4, 1991. 6. LIAISON Gary Morehouse, CDBG Program Officer, is the Department's liaison with the Grantee. Dixie Swenson, Executive Director of Gallatin Development Corporation, will be the Grantee's liaison with the Department. 7. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by any contractor or subcontractor pursuant to this Contract are to be the property of the Grantee and the Department which have exclusive and unrestricted authority to release, publish or otherwise use, in whole or in part, information relating thereto. No material produced in whole or part under this Contract shall be sUbject to copyright or patent in the united States or in any other country without the prior written permission of the Grantee and the Department. 8. ACCESS TO RECORDS The Grantee will maintain reasonable records of its performance under this Contract and will allow access to these records at any time during normal business hours by the Department, the U.S. Department of Housing and Urban Development, the Comptroller General and, when required by law, the Montana Legislative Auditor and Legislative Fiscal Analyst. These records will be kept in the Grantee's offices in Bozeman, Montana. 9. PERFORMANCE REPORTING The Grantee will submit status reports on project performance at the request of, and in the format prescribed by, the Department. The Grantee will monitor the Borrower's operations to ensure compliance with CDBG requirements during the term of the project. The Grantee will require the Borrower to submit the following: a) Quarterly financial status reports; b) Biannual reports documenting progress towards achievement of hiring and training goals specified in the final plan to be prepared as specified in Section 14 of this contract; c) Project progress reports with each drawdown request; d) Evidence documenting the propriety of the proposed use - 3 - - . uf CDBG funds with each dri:lwduwn request and the Grantee's reV1ew of thc':' proposed us(~ ; e) Annui:ll business plan report indicating Borrower's progress toward implementing the business plan proposed 1n the CDBG application or not-ing any proposed reV1Slons of the plan; and :E ) Annual financial reports reviewed by a cel:tifiell publ ic accountant with full disclosure notes. The Grantee will submit the above listed reports to the Department until the goals contained 111 the hiring and training plan have been achieved and the Grantee rece1ves project closeout approval from the Department. 10. AVOIDANCE OF CONFLICT OF INTEREST The Grantee will comply with the provisions of 24 CFE 570.611 and with sections 2-2-125, 2-2-201, 7-3-4367, 7-5-2106, and 7-5-4109, MCA, (as applicable) regarding the avuidance of conflict of interest. 1I. ASSURANCES a) The Grantee will comply with the Stat~ement of Assurances, as signed and submitted with the Grantee's CDBG application. The Gr;J n t.CC will also comply with all other applicable federal and state statuto'ry dnd regula- tory requirements, administrative directives issued by the Department, and local ordinances .3.nd resolutions. All contracts entered into by the Gri:lntee fox" the completion of the activities described 1n Sec \:~ion 3 hc,reof must contain special provls1ons requ:Lr 1ng contraclox"s to comply wiLh all aptJ 1 icabl e requirement.s. b) The Grantee expressly agl-ees to repay too the Department any funds advi:lncec1 to the Grantee Undel" this Contract~ which the Grantee, its sllbcontri:lctors or subrecipient entities, or any public or private agent or agency to which it delegates authol- ity t.o Cd r l-y out portions of this Contract expends ln violi:ltion of the t.erms of this Contract or the fedel"al statutes and regulations governing the CDBG Program. 12. ARTICLES INCORPORATED BY HEFEHENCE The Grantee's pre-applici:ltion and full application for CDBG grant assistance, the applicable HUD l-eiJul a Lions aL 24 CFE Part 570, and Title I of the Housing and Communi.ty Development Act of 1974, as now in effect or as they may be alTlenc1ed during the term of this Con-tract are incorporated ln this Contract by this reference and arc binding upon the Grantee. 13. MODIFICATION AND ASSIGNABILITY OF CONTRACT - 4 - , This Contract contains t_hc entire a <;"1 rC'E'ment between the parties, and no statements, pronnses, or inducements made by either parLy, or agents of either part.y, which are not contained 1n or authorized by this writ-Len Contract, arc valid or binding. This Contract may not be enlarged, modified, or altered except llpon written agreement, and does not imply any continuing commitment by the state of Montana beyond the termination date noted herein. The Grantee accepts responsib:i 1 i ty for adhC1-ence to the terms of this Cont_ract by subcontract.or or subn~cipient entities and by public or private agents or agencies to which it delegates authority to carry out portions hereof. 14. SPECIAL CONDITIONS The Grantee will not obligate or utilize funds for any activities provided f.or by this Cont.ract until: a) The Grantee completes an l';nv ironment;:ll Review Record and th(~ Department issues a Notice of He 1. ease of Funds; however, upon receiving W1- i tten au thaI' iza Lion from the Depa1-tment, the Grantee may lncur administrative costs necessary for the preparation of the Environmental Review and for planning activities defined as exempt. under 24 CFR part 58.34. b) The Grantee submits to the Department evidence of the firm commitment of the ot~her resources necessary for the completion of the project as defined ln Section 3 and At tachmen-t B hereof. c) The Grantee submits to the Department an acceptable project management plan and program income plan. d) 'The Grantee submits to the Department an acceptable loan agreement which includes the final hiring and training plan which must include the following: i. ) A discussion of actions to be taken to enSU1"e that the positions created will be made available tu persons of low and moderate lncome; ii) A breakdown of jobs to be created indicating the job titles and hourly or monthly rates of compensa-tion; iii) A timet.able for creating the jobs; iv) An assurance that. equal opportunity and nondiscrirninaLion 1 a \\1 8 will be complied wiLh; v) Procedures for outreach, recruitment, screenlIlg, selection, traini.ng and placement of worl.;:ers which will ensure maXlmum access for local residents, particularly persons of low and moderate lnc0l11e; vi) A clescr ipt.ion of the BC)l- rower's training curriculum and - 5 - resources, if applicable; vii) Written commitments from asencies pdrticipatin9 in the implementation of the plan; ancl viii) The Borrower*s written commitment to comply with the plan. In addition, t.he loan agreement must contain the following conditions: 1- The lease/purchase option on the building and the Job Training Partnership Act funds did not meet CDBG match requlrementl:>. The city may contribute $10,000 or more from its revolving loan fund or the company can request it from the Montana Science and Technology Alliance. 2. The interest rate will be 8\ over a seven year term in~tead of the t~n year term proposed. 3. A deferral of payments will be allowed for six months after the date the loan agreement is signed. Full payments wIll be required thereafter. e) If the Grantee fails to enforce the low and moderate income verification and documentation requirements and tu ensure that at least 51% of the full-time equiv~lent jobs created or retained as a direct result of this project are filled by or made available to low and moderate income persons, the grant provided hereby will terminate and the Grantee will reimburse the uepartment all funds disbursed hereunder. If the projected number of jobs or percentage of low and moderate income persons is not met during the contract period, the Grantee must be able to demonstrate a "good faith effort" on the part of the GI:antee and tIle business assisted to achieve the projected goals, or the grant provided bereby will terminate and the Grantee will relmbuL":se the Depl1.t't.ment all funds disbur5ed hereunder. f) If the Grantee fails to satisfy c.;ondltiotls a,L, and c within 4 months of the date of thls c.;ontract, the Department may, at its dl~cretion( terminate the contract or provide and extension. 15. CONSTRUCTION AND VENUE Thl~ Cuntract will be construed under and governed by the laws of the state of MonLana. The Department and Grantee agree that performance of this Contract i5 in the city of Helena, Lewi5 and Clark CounLy, State at Montana and that in the event of litigation concerning it, venue is in the DistrIct Court of the Yirst JUdicial District in and for the County of Lewil:i dnd ,..- state of Montana. -6- .. 16. INDEMNIFICATION a) The Grantee wa1ves any and all claims dnd recourse against the Depart_ment and the Stah~ of Montana, including the right of contribution for loss or damage to persons or pl-operty ar1s1ng from, grow1n9 out of, or J.n any way connected with or incidental to the Grantee's or any sllbrec ipieryt ' s performance of this Contract. b) Further, the Grantee will indemnify, hold harmless, and defend the Department and the state of Muntana against any and all claims, demands, damages, costs, expenses, or liability arising out of the Grantee's or subrecipients per fonnance of this Contract. . In the event the Department or th(,:~ state of Montana is named as a codefendant ~n any action relating to activities to be perfonned by the Grantees or subrecipients under this Contract, the Gl"antee will notify the Depa l' t.meni~ of such fact and will l"epresent the Department 1fl such legal action unless the Department undertakes to represent. itself as a codefendant J,n snch legal action 1n which case the Department will bear its own litigation costs, expenses, and attorneys' fees. 17. GRANT AMENDMENT a) The Department- will consider requests for grant amendments. However, before tlw Department makes a determination to a 11 o\v an amendment, the gl-an-tee must clearly demonstrate that the modification 1S justified and will enhance -the cwerall impact of -the original project. The Department will considel" each request t~o determine \vhether the modification lS substantial enough to necessitate reeva 1 ua t,ing t.he project's original ranking. If warranted, the Depdr Lrncnt will analyze the proposed modification and its impact on the scores assigned t.o the application during t.he original g 1- a nt competition. If the proposed modification would have resulted 1n the project not being funded, the Department will disapprove the modifications. b) If it determines that the proposed amendment represents a substantial change ],n the project activities proposed 1n t_he ori.ginal aElpl icalion for CDBG funds, the Department will requll-e the Grantee to conduct a local public hearing on the amendment. 18. TERMINATION OF CONTHAC'l'. This contract may be tenninated as follows: a) Termination Due to Loss of Fllnding. This Contract will terminate in whole or in part, ~t the discretion of the Department, in I::hc event that. the Department suffers a - 7 - . loss of funding or termination of the federal grant which [lermiLs it to fund the G t'an Lee In whole or In part so that it lS un,clDle to make payment to the Grant-ee. In this event, the Department will rjlVe the Grantee written notice setting forth the effective date of full or partial termination or, if a change In funding lS required, setting forth the chiHlge 11'1 fund in(] and changes .in thc' approved budget. b) Termination Due to Noncompliance with Contract Terms. If the Department detennines that the Grantee has failed to comply with the general terms and conditions of this Contract, the project schedule, or any special conditions, and if, upon notification of the defec't, the Grantee cloes not remedy t_he def ic< :iency within a reasonable period of time to be f>pecified ln tIle notice, the Department Illay terminate this Contract 11'1 whole or In part at any time before the date of completion. The Department wil1 proffip-tly notify the Grantee ln writing of the decision t,o terminate, the reasons for the tennina t,ion, and the effective date of the termination. c) Termination Due to Adverse Environmental Impac L . This Contract will t_erminate at the conclusion of the c'nv ironmenta 1 reVlCW process if the Grantee or the Departmen-L determines that. the project would have a significant adverse impact on t_he qualit.y of the human environment and i._hat t.his impact cannot be avoided or sufficiently mitigated by l'casonable means. . - n - . d) Effect of Termination. In the event of termination, due to the Grantee's failure to comply with the terms of this Contract terms, or the project's adverse environmental impact, any costs incurred will be the responsibility of the Grantee. However, at its discretion, the Department may approve requests by the Grantee for reimbursement of expenses incurred. The Department's decision to authorize payment of any costs incurred or to recover expended CDBG funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Grantee to comply with the terms of this contract and whether the failure to comply was the result of conditions beyond the control of the Grantee. IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed. Cit~ of Bozeman rtment ofl1omme~ce ~4~/ ~ imoth Swa on, ayor A.. ~ke, Oir c or Date Februarv 3, 1992 Date * 92- . .' . . CUNTHACT #1''l'r-CDDG-<JII<;o-04 ATTACHMENT 1\ PI1.0JECT IMPI,EMENTATION SCHEDULE PRO,TECT START-UP Begin Project Planning January, 1992 Establish Project Files J'anuary, 1992 Prepare Management plan ,January, 1992 Prepare Environmental Revjcw Recurd January, 1992 DOC Helcase uf Funds Febl'Lldry, 1992 Finalize Contract with DOC February, 1992 PROJECT IMPLEMENTATION Finalize Assistance Agreement February, 1992 Document Financing Sources, Terms and Conditions February, 1992 Implement I-lir ing dnd Training plan February, 1992 Create and Retain 16 New F'I'E Jobs and Fi 11 11 with I,O\\l and Moderate Income Persons (LMl) Document Verification of I.["1I status for New Llires 'fhroughout Monitor Hiring Process and Project Progress Project Obtain and Submit I-I i r i n r;.1 and Tt"aining Pro'Jress Reports to DOC Biannually PROJECT CLOSEOUT Project Audited as Part of Annual Organization-wide Audit of the Grantee Fall, 1992 Project Audited as ParI: of Annudl Orgaization-wide Audit of the Grantee Fall 1993 Audit Heport Submitted to DOC Upon Completion Conditional closeout Wintel" , 1993 Final Closeout Spring, 1994 . ATTACHMENT B CONTRACT MT-CDBG-91ED-04 BUDGET ADMINISTRATION City of Bozeman PROFESSIONAL SERVICES Consulting- HRDC 1,600 Consulting -Gallatin Develop. 5,000 Legal 400 Audit 1,000 Local Government Services TOTAL ADMINISTRATION 8,000 ACTIVITY CDBG MSTA City of BANK/LATTICE Bozeman RENOVATION 50,000 45,000 MACHINERY/EQUIP. 130,000 5,000/*90,000 WORKING CAPITAL 60,000 10,000 TOTAL ACTIVITY 190,000 50,000 10,000 50,000/*90,000 TOTAL PROJECT 198,000 50,000 10,000 50,000/*90,000 TOTAL CDBG BUDGET $198,000 MSTA: 50,000 CITY OF BOZEMAN 10,000 BANK 50,000 LATTICE *90,000 TOTAL PROJECT 398,000 *90,000 EXPENDED PREVIOUSLY BY LATTICE. . , StAN STEPHENS. GOVERNOR CHARLES A. BROOKE. DIRECTOR MONTANA DEPARTMENT OF COMMERCE 1424 9TH AVENUE HELENA. MONTANA 59620-0501 (406) 444-3494 FAX, (406) 444-2903 February 10, 1992 Timothy Swanson, Mayor city of Bozeman Box 640 Bozeman, MT 59715 RE: Release of Contract Conditions and Funds for Lattice Materials CDBG Project #MT-CDBG-91ED-04 Dear Mayor Swanson: The Department of Commerce has reviewed the package of information submitted by the City to complete the start-up requirements. The Department concurs with the determination that the project is exempt from an environmental assessment and approves the finding of exemption for project activities. A completed copy of the contract between the Department and the city is enclosed with this letter. The City has satisfied contract conditions 14. ( a) through (d) and may submit drawdowns for administrative and activity costs. Activity costs may only be reimbursed for expenditures or obligations incurred after February 4, 1992. Eligible administrative costs may be reimbursed for expenditures or Obligations incurred after December 4, 1991. The City procured the administrative services of Gallatin Development Corporation through the use of small purchase procedures with the permission of the Department. The administrative contract has been reviewed and is acceptable. Gallatin Development Corp. does not appear on the most recent federal debarment list. It is critical that the City and Lattice Materials work together closely to verify the proposed benefits to low and moderate income ( LMI ) persons. The City and Lattice are experienced with the LMI hiring requirements, including the need to fill at least 51% of the positions with LMI persons, and all parties understand them. The job announcements and position descriptions will have minimum requirements that do not exclude low and moderate income persons from applying. "AN EQUAL OPPORTUNITY EMPLOYER" , . .. . I ,. r am pleased with the city's and the administrative consultant's performance in managing the grant to date and in completing the start-up phase of the project. All parties have been conscientious and cooperative to date. r am looking forward to working with the City and Lattice Materials towards the successful completion of this project. sincerelY,;- if I) (1 , ; -"L'C Iv... v\.."{ 1\.(Jjr-(. l.. L( Gary Moreho~se, kDBG Administrative officer cc: Dixie Swenson Gallatin Development Corp. 321 East Main suite 413 Bozeman, MT 59715 Lattice Materials 516 East Tamarack Bozeman, MT 59715