Loading...
HomeMy WebLinkAbout94- Montana Dept. of Commerce Contract #M-93-SG-300112 . ". . ~ ~C' CONTRACT UM-93-SG-300112 4(Jr, fJ S~ 1",,(: 0 <00 l.y. '" C~ ~"9 This Contract is entered into by City of Bozeman, Montana, herein referred to, ~~Grantee, " and the State of Montana Department of Commerce, Helena, Montana, herein r~rr 0 as "the Department. " WITNESSETH THAT the Grantee and the Department mutually agree as follows: 1. PURPOSE The pmpose of this Contract is to provide funding for project activities approved by the Department under the Montana Home Investment Partnerships Program (HOME); and to achieve the pmposes of Title II of the Cranston-Gonzalez National Affordable Housing Act (Title II, Public Law 101~625, approved November 1990, 104 Stat. 4079, 42 V.S.C. 12701-12839), as amended. 2. DOCUMENTS INCORPORATED INTO TIllS CONTRACT BY REFERENCE BUT NOT ATTACHED HERETO: (a). The Department's HOME Investment Partnerships Program Description," (b). The HOME Investment Partnerships Program, 24 CFR, Part 92; and Title II of the Housing and Community Development Act of 1992, Public Law 102-550 (H.R. 5334), October 28, 1992 ; (c). The Department's HOME Investment Partnership Program Application Guidelines for FY 93, October 1993, as amended; and (d). The Grantee's application for HOME grant assistance, and the representations contain therein, which are binding upon the Grantee. 3. ACCEPTANCE OF HOME PROGRAM REQUIREMENTS The Grantee will comply with the Certifications for Application as signed and submitted with the Grantee's HOME application. The Grantee will comply with all applicable parts and requirements of the National Affordable Housing Act of 1990 (as amended), as now in effect or as they may be amended during the term of this Contract; all requirements established by the Department; applicable state and federal laws, regulations, administrative directives and procedures; and local ordinances and resolutions. 1 0' r The Grantee may modify this budget only after having requested and received the Department's written approval of the adjustment. (c) All projects set up in the Cash and Management Infonnation System (C/M!) will require a separate budget. The Department will not disburse funds to the Grantee for a particular project until the Grantee has submitted and the Department has approved the budget for that project. (d) Budget adjustments must be approved in advance by the Department. For adjustments of $5,000 or less of the HOME budget portion of Attachment B, the Department's approval of the Request for Payment fonn will constitute approval of the budget adjustment. The Grantee must describe the rationale for a budget adjustment in its Project Progress Report and note the proposed adjustments in its Request for Payment and Status of Funds Report submitted with draws requested against the grant funding reserve. Budget adjustments in excess of $5,000 are subject to written Department approvaL 7. AMOUNT OF GRANT AND METIlOD OF PAYMENT (a) The Grantee will request disbursement of funds when the funds are needed for payment of eligible costs. The amount of each request will be limited to the amount needed. In drawing against the amount reserved for it by the Department, the Grantee will follow instructions supplied by the Department. (b) If the actual total cost of completing the project is less than that projected by the Grantee in the preliminary budget (Attachment B), the Department may, at its discretion, reduce the amount of HOME funds to be provided under this Contract in proportion to the overall savings. If actual construction bids are less than the estimates included in the preliminary budget, the construction budget in the Contract will be established at the bid price, plus a ten percent contingency amount. The Department will reallocate the difference between actual project costs and the original grant award to unfunded or partially funded projects, or use it to expand the scope of the Grantee's program. (c) If the Department determines that the Grantee has failed to satisfactorily carry out its responsibilities under this Contract, the Department may revoke the Grantee's authority to draw against the reservation described in this Contract until the Department and the Grantee agree on a plan to remedy the deficiency. (d) The Department may withdraw a commitment for any HOME funds which remain unobligated after March 18, 1995. 3 ---- , ". . (b). Project Records Required: 1. documentation that each project meets applicable property standards; 2. for rental housing, documentation that the rent, income targeting and other requirements for HOME are being met; 3. for each family, a copy of the income verification, rent calculation and lease agreement; 4. for tenant -based rental assistance, documentation of compliance with applicable requirements; 5. for homeownership programs, documentation regarding each family assisted and of purchase prices and value of properties; and 6. for mixed-use or mixed-income projects, documentation of compliance with applicable requirements. (c). Other Federally Required Records - Data must be gathered to document compliance with the following: 1. equal opportunity and fair housing laws, Section 3 of the Housing Development Act, attempts to utilize minority and female-owned businesses, and affIrmative fair housing actions; 2. affinnative marketing procedures; 3. relocation requirements; 4. labor (Davis-Bacon) standards; 5. lead-based paint standards; 6. conflict of interest provisions; 7. debannent and suspension checks; and 8. flood insurance requirements. (d). Program Administration: 1. Cash Management and Information (C/M!) records (payment certifications, reports, etc.); 5 , . terms of this Contract by subcontractor or sub recipient entities and by public or private agents or agencies to which it delegates authority to carry out portions hereof. 14. SPECIAL CONDITIONS (a). The Grantee will not obligate or utilize funds for any activities provided for by this Contract until: 1. the Grantee completes an Environmental Review Record(s) and the Department issues a Notice of Release of Funds; however, upon receiving written authorization from the Department, the Grantee may incur administrative costs necessary for the preparation of the Environmental Review Record(s) and for planning activities defined as exempt under 24 CFR, ~~ 58.34; 2. the Grantee submits to the Department evidence of the finn commitment of the other resources necessary for the completion of the project, as defmed in Section 5 and Attachment B of this Contract; and 3. the Grantee will provide $70,000 of matching contribution funds. The matching contributions must meet all eligibility requirements set out in 24 CFR ~ 92.220. 4. the Grantee submits, and the Department approves, an program Management Plan and Implementation Schedule, including the proposed administrative guidelines and terms for fmancial assistance. 5. The Grantee will submit a Program Income Plan for review and written approval by the Department prior to the release of any funds. The Grantee will be permitted to retain program income generated by the activities described in Section 5 of the Contract, "Scope of Activities". Program income received before the program is closed out must be expended on HOME eligible activities before any additional HOME funds are requested by the Grantee. The receipt and expenditure of program income will be treated as additional HOME funds subject to all applicable requirements of Section 3 of this Contract governing the use of HOME funds. The Grantee will record the receipt and expenditure of program income as part of the fmancial transactions of the grant program. (b). The Grantee will require owners of rental housing assisted with HOME funds to maintain the housing in compliance with applicable Housing. Quality Standards and local housing code requirements, in accordance to 24 CFR ~ 92.251, for the duration of the agreement. 7 ".. 16. INDEMNIFICATION (a). The Grantee waives any and all claims and recourse against the Department and the State of Montana, including the right of contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Grantee's or any subrecipient's performance of this Contract. (b). Further, the Grantee will indemnify, hold harmless, and defend the Department and the State of Montana against any and all claims, demands, damages, costs, expenses, or liability arising out of the Grantee's or any subrecipient's performance of this Contract. In the event that the Department or the State of Montana is named as a co-defendant in any action relating to activities to be performed by the Grantee or subrecipient under this Contract, the Grantee will notify the Department of this fact and will represent the Department in the legal action unless the Department undertakes to represent itself as a co-defendant, in which case the Department will bear its own litigation costs, expenses, and attorneys' fees. 17. GRANT AMENDMENT (a). The Department will consider requests by the Grantee for grant amendments. A request for an amendment must clearly demonstrate that the modification is justified and will enhance the overall impact of the original project. The Department will consider each request to determine whether the modification is substantial enough to necessitate reevaluating the project's original ranking. If warranted, the Department will analyze the proposed modification and its impact on the scores originally assigned to the application in the original grant competition. (b). The Department will not approve amendments that would materially alter the circumstances under which the grant was originally ranked and selected. (c). If it determines that the proposed amendment represents a substantial change in the project activities as proposed in the original application for HOME funds, the Department will require the Grantee to hold a local public hearing on the amendment with reasonable notice. 18. PROPERTY MANAGEMENT Title to real property or equipment acquired under a grant or subgrant will vest upon acquisition in the grantee or subgrantee, respectively. The grantee or subgrantee will use, manage, and dispose of any such property or equipment in accordance to all applicable State or Federal requirements. 9 , IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed. ~ GRANTEE: OF COMMERCE >:> ('~ !"A~u~ Chief Elected Official .....,. Date JULY 18. 1994 Date ATTEST: Glk;/~ 11 . .. " . . ATTACHMENT B FINAL BUDGET --\\L\) ....> R UDGRT ..../ ....\ > ...... ............ ... ...... ..... . ........ ..... ...>>L ...> ..... ........) ...... .....S0N-l OTHER: ..........OTHER.:> ... QTHER:)>> .. J\D...........M.... INIS1'RA......T.............I.ON 1 :1 ...~ >.i. HOME. Loc:u City of MBOH T( +~ . .... ....... .. ............... .\.\.) DonatIOns Bozeman ....\ Personnel Services .>.... ..... ........ ......................... ... ......) $13,000 . . . $13,000 >.> ......../............. Supphes ......... .. ......................... . ......> ... .. 100 . . . 100 . Commullications ........\ ...... .....) 500 . . . 500 ilrintingfDuplication .......... .......... ..... ........ 500 . . . 500 Adverti'iing\)> -- 150 . . . 150 AccounoIlg/Audiong\\ ...... ........\ 1,000... 1,000 Travel)\ 200 . . . 200 Training... . ............ ..... ... ..\ ~ .................. 300 . . - 300 Other Admini'itrative:> .... ... . ....\ .. ..... ..... ......... 250 . - . 250 ) ......TOl'ALAdministrative Expenses: $16,000 . - . $16,000 ACQUISITION COSTS) -c _____i ---- FS ... j) ....-- ------ .... .> PurchllsePJ'ice ....\ ____> . $49,000 . . $49,000 Liens and OtberTaxes ............\.. ......>L \ . . . . . Closing and Rec()rdillgCosts . ..... ....\\___> ..... . . . . . Other Acq uisitionC()stS 9earance____ . . ... . 3,000 7,000 . 10,000 ... .. ....\TOTAL Acquisitj()O~()sts: . $52,000 7,000 . $59,000 PRE-DEVELOPMENfCOSTS ..)> ....... . ..... . ..-----= Ii .....)) .>.... .........................- A . I ........ . .............. ppralSa ......... ......... >.../> .>..... .. $1,000 $1,000 Arcbitect Fees .............\> ......... ~-- ........... 7,500 15,000 - 22,500 Engineering Fees ...\) ..>> - 3,000 - - 3,000 LegaLfees\.-c __ ....... .. . 500 . 500 Othergre-Development CostS>.../..> . 2,000 . 2,000 ..\\ TOTAL AcouisitionCosfS: $10,500 $17,500 $1,000 $29,000 14 . , . . . . . . . . , , , . , . City of MBOH Bozeman - - $232,850 $420,350 - - - - - - - - - 13,020 16,200 29,220 - - 39, - 0 - - - 15,000 15,000 - - 3,250 3,250 - 12,175 12,175 2,000- - - - 2,000 189,500 - 13 ,020 $318,825 $521,345 $250 - - 250 - 500 500 - - - - - - - - - - - - - 3,250 3,250 - - 22,000 22,000 - - - - - - - - - - - - - - - 500 - 22,000 22,500 $216,000 $70,750 $7,000 $644,845 $345,075 15