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HomeMy WebLinkAbout94- Bozeman Interfaith Housing Cooperative Agreement , ~ l " .. , , . I . I BOZEMAN INTERFAITH HOUSING/CITY OF BOZEMAN COOPERATIVE AGREEMENT THIS CONT~CT is ~ntered into b~ the ~ity of Boze;nan, ~erein Jjferred to as "City", and Bozeman InterfaIth Housmg, Inc., herem referred to as 'BIH. ~; C"\ ~'i'" THIS CONTRACT is premised upon the following: 4(j' . J ."../:;, , Q t. iJ .() .' A. The City and BIH worked cooperatively to submiPQcH;OME 1?8,stment Partnership Program (HOME) grant application to obtain funding for~~struction of housing units to benefit very low and low income families in Bozeman, 0 ~ owned by BIH."."" . B. The City received the HOME funds to construct the housing units. C. The City, in its capacity as a HOME grantee, has determined that BIH, due to its expertise and interest in housing programs, should implement the housing construction program. D. This Contract between the City and BIH will facilitate mutual cooperation in implementing the HOME funds for constructing the housing on the BIH's property. E. The City has staff who are experienced in planning, structuring and implementing site improvements, as well as building standards, and the input of the City staff will assist BIR in the site improvement elements of the project, and construction of the units. F. The Human Resources Development Council has agreed to assist BIH in the screening and selection of tenants for this project in compliance with all state and federal requirements. G. This Contract affects only the specific project identified in the City's HOME grant application and does not affect or govern any other construction or improvements undertaken by BIR or HRDC on any other property. H. Both parties to this Contract understand that neither party involved herein has in any way, expressly or implied, abrogated any of its individual powers, and that this Contract does not create any new organizational or legal entity. THE PARTIES HERETO THEREFORE AGREE AS FOLLOWS: 1. Responsibilities Retained by the City: A. The City will administer the HOME grant and monitor the progress of the project. BIR/City Agreement Page 1 I , \. '). , # , , , I B. The City will let the bids and award the contracts, according to City policy, for all HOME funds. C. The City will file all necessary reports to the Department of Commerce. D. The City will inspect for street and site improvements and assure that building standards are met. E. Retain all necessary records for long term auditing by the HOME Program. II. Delegation of Responsibilities to BIH: A. BIH will, subject to prior approval by the Bozeman City Commission, retain the services of a consulting engineer and architectural firm to design and supervise the installation of site improvements and oversee construction of the buildings. Selection of the consulting engineer and architectural firm will be made in accordance with State law. B. BIH will be responsible for all facets of the design and construction phases of the site improvements and building construction, including the following: 1. Design engineering and architecture; 2. Installation engineering and building construction. 3. Except as provided in Paragraph V, Administration below, compliance with all other State and federal requirements contained in the Statement of Assurances submitted to the Department with the City's application for HOME assistance, dated January 18, 1994; 4. Except as provided by Paragraph V, Administration below, compliance with all other state and federal requirements as described in the Montana HOME Investment Partnership Program Grant Administration Manual; 5. Preparation of bid documents for installation of site improvements and construction of the buildings. City will let the bid and award the contracts. 6. Installation of the site improvements, and construction of buildings C. BIH and its consulting engineer will receive, review and certify for payment all requests for payment for items contained in Paragraph B, above, and prepare and submit such requests through the Director of Finance to the City Commission in a timely fashion in accordance with City procedure. Requests for payment will be acted upon by the City Commission in accordance with established procedures. The issuance of a certificate for payment shall constitute a representation that the contractor or engineer is BIH/City Agreement Page 2 . < ' \ entitled to the payment in the amount certified. D. During the term of this Contract, the BIH will maintain reasonable records of its performance hereunder in a manner consistent with generally accepted accounting princip les. BIH will allow the City and the Department and their authorized representatives access to those records at any time during normal business hours. BIH will submit to the City, in the format prescribed by the City, monthly status reports on its performance under this Contract. E. BIH will provide documentation that the share of the project funds that exceed the HOME funds is available for injection into the project no later than the time that the bid for construction of the buildings is awarded. III. Payment of Design. Construction and Installation Costs: A. BIH shall be responsible for reviewing and certifying all payment requests in connection with design, construction, and installation of the site and street improvements. Requests for payment from HOME funds or City funds shall be submitted to the Finance Director for payment by the City. B. Upon receipt of a certification for payment from BIH for allowable project costs as specified in the City's Grant Agreement with the Department, a copy of which is appended as Attachment A of this Contract, and which by this reference is made a part hereon, the City will request the required amount of HOME funds from the Department, and upon receipt of these funds, the City will pay the funds directly to the entity requesting payment. C. The City will deduct a retainage from each payment request equal to ten percent (10%) from each payment request submitted by BIH for payment of installation and construction costs, and hold this retainage until construction and installation are complete and the engineer and architect approve final payments, and the project is accepted, all in accordance with the conditions of the construction contract. D. The City will also withhold one percent (1 %) of the amount for any claim submitted by BIH for payment of installation and construction costs, and will forward this amount to the Montana Department of Revenue pursuant to section 15-50-206(2) MCA. E. The City may refuse to pay any payment requests which it deems not valid under the terms of the HOME Grant Agreement. IV. Duration of the Contract A. This Contract takes effect when the following conditions are satisfied: BIH/City Agreement Page 3 . /- I ' . , 1 1. The Department and the City have executed the HOME grant agreement; 2. The Department has approved the City's Request for Release of Funds and Certification; 3. The City's attorney and the attorney for BIH have approved this Contract as to form and content; and 4. The City Commission and the BIH Board of Directors have each approved this agreement. B. This Contract will terminate ninety (90) days after the project engineer files a Certificate of Completion of the project with the Montana Department of health and Environmental Sciences, or the Montana Department of Commerce closes out the HOME grant with the City, whichever occurs later. V. Administration: A. For purposes of communication concerning performance of this Contract, the City Commission and BIH shall each designate a contact person for ongoing communication concerning the performance of this Contract. The persons designated for contact will meet as necessary to provide for the efficient and smooth implementation of this Contract, and shall report to their respective entities as necessary. B. BIH will comply with the federal administrative requirements contained in 24 CFR sections 92.500 through 92.509 as applicable. C. BIH will carry out each activity under this Contract in compliance with all federal laws and regulations described in 24 CFR section 92.350 through 92.359, except that: 1. BIH does not assume the City's environmental responsibilities described in 24 CFR section 92.352; 2. BIH does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 58, provided, however, that BIH shall advise the City when this responsibility arises and shall assist the City in initiating the review process. VI. Disposition of Site Improvements: A_ Upon expiration of this Contract, BIH will transfer to the City any HOME funds on hand at the time of expiration and any amounts receivable that are attributed to the use of HOME funds. BIH, as a non-profit 501(c)(3) organization, will retain title, BIH/Ciry Agreement Page 4 , . I control and manage the HOME assisted property after completion of the project. BIH will maintain the real property assisted under this Contract for the sole purpose of providing housing for 10w- and very low-income households for a period of twenty (20) years. B. The off-site improvements installed under this Contract shall, upon expiration of this Contract, become the property of the City upon the City's acceptance and the City may accept ownership and operate those facilities. On-site improvements shall remain the property of BIH. VII. Indemnification BIH waives any and all claims and recourse against the City, including the right of contribution for loss and damage to persons or property arising from, growing out of or in any way connected with or incident to BIH's performance under this Contract, except claims arising from the sole negligence of the City or its officers, agents, or employees. BIH will indemnify, hold harmless, and defend the City against all claims, demands, damages, costs, expenses, or liability arising out of BIH's performance of this Contract except for liability arising out of the sole negligence of the City or its officers, agents or employees. VIII. Suspension or Termination In accordance with 24 CPR 85.43, the City may suspend or terminate this Contract if BIH materially fails to comply with any term of the City's grant agreement with the Department. In addition, the City may terminate this Contract if its HOME Grant Agreement with the Department is terminated by the Department for convenience in accordance with 24 CPR 85.44. IX. Independent Contractor. It is understood by the parties hereto that BIH is an independent contractor and, as such, neither it nor its employees, if any, are employees of the City for any purposes including but not limited to taxes, retirement system, or social security (FICA) withholding. x. Assignment. BIH shall not assign any right or obligation hereunder in whole or in part, without the prior written consent of the City. XI. Nondiscrimination. BIH will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or disability in employment or provision of services. BIH/Ciry Agreement Page 5 , II T XII. Attorney's fees and costs. That in the event it becomes necessary for either party to this agreement to retain an attorney or use an in-house counsel, to include the City Attorney, to enforce any of the terms or conditions of this contract, then the prevailing party shall be entitled to reasonable attorney's fees and costs to include fees, costs and salary of in-house counsel. XIII. Modifications. Any amendments or modifications to this Agreement or any provision herein shall be made in writing and executed in the same manner as the original document and shall after execution become a part of this agreement. THIS CONTRACT has been approved by the City Commission and the BIH Board of Directors. DATED this 18th day of JULY , 1994. Bozeman City Commission ( ~ J: >>~-I fumr~t,""Mayer ~.: ~ t? I1A.~ Don E. Stueck, Mayor Pro Tempore CJ~ Robin L. Sullivan Clerk of Commission Bozeman Interfaith Housing, Inc. ...:;.P' ~."" .' ----- --~. . ,- ~:.....::-_..-....,.. .-",., r-~~~--_ _"~' ...... {." __'-~' ~J ~. .,..co."",--' .__./-cfiaupersort - -" ATTEST: /.-.- (]4/4P' (j)lf ~A-J Secretary/Treasurer BIR/City Agreement "------. Page 6 , " MANAGEMENT PLAN 1. Administrative Structure: Bozeman Interfaith Housing, Inc., is a private nonprofit 501(c)(3) corporation with an annually audited fiscal department, governed by a volunteer board. The City of Bozeman is a legal incorporated unit of local government. The Neighborhood Coordinator/Grantsperson, James Goehrung, will serve as the designated Environmental Certification Officer for the City of Bozeman. The Board of Directors of BIH, through its chairman and contracted HOME project administrator, John Plummer, will have the responsibility of all contracts through the HOME Program through an interlocal agreement with the City of Bozeman. The Board of Directors has the legal authority to enter the corporation into an interlocal agreement for a HOME project. The contracted administrator will be retained with the guidance of the Montana Department of Commerce after grant awards are announced. BIH has on retainer Pam Snyder of Political and Economic Research, Inc., 502 So. 19th Avenue, Bozeman, Montana as their corporate counsel. Ms. Snyder will prepare all agreements, leases, contracts and legal documents on behalf of BIH. Ms. Snyder will also advise the staff on procurement, represent the BIH at hearings, and legal advise to staff as needed. Ms. Snyder's phone number is 587-9591. A Project Manager will be employed by BIH. See Job Description, Appendix C. The Project Manager will be in charge of day-to-day project management and will serve as liaison among the grant administrator, architect, engineer, and the BIH Board of Directors. The Project Manager will also coordinate and direct other funding sources and secondary activities, including street and site improvements. The following Consultants and contractors will be or have been contracted: Pre- development Engineer (completed by City), Pre-development Consulting Architects (completed by Burda Design), a Project Engineer to oversee installation of infrastructure improvements (RFP to be issued), Project Architect to fmalize blueprints and oversee construction of housing units (RFP to be issued), a General Contractor to perform construction and supervise volunteer labor (bid solicitations to be issued), and a firm to conduct the Environmental Review Record to assure compliance with State and federal requirements (RFP to be issued). Because the HOME funds are the third source to be committed, the project is already well underway: the land has been purchased and the project has been reviewed and approved by the Design Review Board and the City/County Planning Commission. The Chairman of BIH, the Program Manager, and Grant Administrator/Consultant will attend the DOC-HOME Administration Workshop. Management Plan Page 1 II. Project Management: Federal and local requirements for implementation of the HOME PROGRAM. The grant administrator will be responsible for: 1. Contract to prepare the Environmental Review Record (ERR) to assure full compliance with the National and Montana Environmental Policy Acts, completion of the statutory checklist, and any other applicable environmental requirements. The Grant Administrator will also be responsible for preparing any legal notices required to be published for the ERR process and conducting any required public hearings or informational meetings regarding the ERR. 2. Preparing a request for release of funds to DOC. 3. Developing a contract with DOC and assisting the City with all requirements related to effective project start-up and implementation. 4. Establishing and maintaining complete and accurate project files and preparing all documentation and reports incidental to administration of the grant. 5. Assuring compliance with applicable acquisition, civil rights and labor standards requirements including the preparation of an equal employment opportunity plan and a fair housing plan, which will be adopted by BIH, if needed, or reviewing the City's and BIH's current plan for accuracy and recommending changes. 6. Reviewing all proposed project expenditures or requests for payment to ensure their propriety and proper allocation of expenditures to the HOME budget. 7. In cooperation with the Fiscal Officer and City Treasurer processing payment requests and preparing drawdown requests to DOC, including the Request for Payment and Status of Funds Report and the Project Progress Report. 8. Monitoring the contractor selection process, including the bid advertising, tabulation and award process for conformance with HOME requirements. The Grant Administrator will review the construction contract provisions for HOME compliance and will request DOC clearance of the lowest and second lowest bidders before a contract is awarded. 9. Attending the preconstruction conference and monthly construction progress meetings. 10. Monitoring contractor compliance with applicable requirements. II. Serving as the City's designated labor standards requirements. Responsibilities Mana[fement Plan Page 2 will include the review of weekly payroll reports to assure compliance with Davis-Bacon prevailing wage requirements if applicable, periodic visits to the construction site to assure that equal opportunity, labor standards, and Davis-Bacon wage determinations have been posted; and conducting on-site interviews with construction personnel to assure Davis-Bacon compliance. 12. Assuring compliance with applicable civil rights requirements, including preparation of an equal opportunity plan and fair housing resolution, if not already adopted by the City and BIH. 13. Preparing all required performance reports and closeout documents for submittal to DOC and assist the City with the selection of an independent auditor. 14. Attending City Commission and BIH board meetings when requested to provide project status reports and representing the HOME project at any other public meetings, as deemed necessary by the Board of Directors. B. The fiscal management will be performed the City General Administration Department, under Miral Gamradt, and BIH fiscal department, headed by Nick Davis. These entities will be in charge of disbursements, scheduling the audit, and compliance with funding requirements, including: 1. Establishing a non-interest bearing bank account and transferring HOME funds from that account to the City's general fund for disbursements, based on claims and supporting documents approved by the Grant Administrator, Program Manger, Project Engineer, and Contractor. Balances of federal funds in that account will not exceed $5,000 for a period of three days. 2. Entering all project transactions into the City's existing accounting system, and prepare checks/warrants fOf approved expenditures. 3. With the assistance of the Grant Administrator, preparing the Request for Payment and Status of Funds Reports to be submitted to DOC. All draw down requests will be signed by two of the three following persons: Board Chairman, City Manager, Fiscal Officer. No expenditures will be made without the approval of the Board at a regular meeting. 4. With the assistance of the Grant Administrator, preparing the final financial reports for project closeout. 5. The Grant Administfator and Fiscal Officer will review all proposed expenditures of CDBG funds and will prepare drawdown requests, which will be signed by the officials cited above. All disbursements will be handled in accordance with the City's established claim review procedures. Before submitting the claim to the Clerk, the Grant Management Plan Page 3 , Administrator will attach a certification to each claim stating that the proposed expenditure is an eligible expense of the City's HOME project and is consistent with the project budget. The Board will review all claims before approving them. 6. Financial record keeping will be done in conformance with the recommendations of the DOC/Local Government Services Bureau. The original financial documents (claims with attached supporting material) will be retained in BIH's offices. 7. Biweekly time sheets will be maintained by the Fiscal Officer and any other involved City staff to document all time worked on the HOME project. 8. This project will generate no program income, as it will be operated on a non- profit basis and all receipts will be used to maintain the project or reduce rents. III. Coordination of Supplemental Funds: All funding sources, the City of Bozeman, the BIH, the CDBG and the Lenders have letters of commitment of specific amounts of funds in Appendix D. The Program Manager will be responsible for coordination of these funding sources. HOME and City funds will be expended before the MBOH loan to avoid interest costs during construction. IV. Property Management: If agreement can be reached with the Montana Board of Housing, the apartments will be managed by a 24-hour on-call property management firm. The BIH will screen tenants and perform annual housing quality inspections and annual tenant income reviews. The MBOH may require that BIH perform all facets of management. An ongoing management agreement will be developed. V. Implementation Schedule: A project implementation schedule, which outlines the basic steps and timetable involved in the management of the project and the release of all sources of funds, is attached. Management Plan Page 4 , , . ATTACHMENT A CONTRACT #M-93-SG-300112 This Contract is entered into by City of Bozeman, Montana, herein referred to as "the Grantee," and the State of Montana Department of Commerce, Helena, Montana, herein referred to as "the Department." WITNESSETH THAT the Grantee and the Department mutually agree as follows: 1. PURPOSE The purpose 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 purposes of Title II of the Cranston-Gonzalez National Affordable Housing Act (Title II, Public Law 101-625, approved November 1990, 104 Stat. 4079, 42 U.S.c. 12701-12839), as amended. 2. DOCUMENTS INCORPORATED INTO THIS 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. The Grantee agrees that all contracts entered into by the Grantee for the completion of the activities described in Section 5 of this Contract will contain special provisions requiring contractors to comply with all applicable requirements. The Grantee expressly agrees to repay to the Department any funds advanced to the Grantee under this Contract which the Grantee, its subcontractors or subrecipient entities, or any public or private agent or agency to which it delegates authority to carry out portions of this Contract. expends in violation of the tenns of this Contract or the federal staultes and regulations governing the HOME Program. The Grantee agrees that 100% of HOME funds will be used to benefit low and very low income persons. 4. EFFECTIVE DATE AND TIME OF PERFORMA.t~CE This Contract takes effect on April 4, 1994, and will be in effect for the "period of affordability," which is 20 years. If the activities described in Section 5, Scope of Activities, is financed with in part or in whole with a mortgage insured by HUD, the effective date of the contract will be equal to the term of the HUD-insured mortgage. 5. SCOPE OF ACTIVITIES The Grantee will carry out the activities as set forth in the Grantee's application for HOME grant assistance. The major components of the project include: to provide funds to assist in the fmancing of the new construction of 9 units of rental housing affordable to very low and low income persons. The nine units will be located on Lots 5 and 6, Block 1, Westlake's First Addition, Bozeman, MT and will be owned and operated by Bozeman Interfaith Housing, Inc. In addition, Grantee will be responsible for administration of this Contract. The Grantee will be responsible for monitoring the performance of all entities receiving HOME funds to assure compliance with the requirements of the HOME program, and to take appropriate action when performance problems arise. 6. BUDGET (a) The total amount to be awarded to the Grantee under this Contract will not exceed $216,000. (b) A copy of the program budget is included as Attachment B to this Contract, and by this reference is made a part of this Contract and is binding upon the Grantee. 2 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 Information System (C/MI) 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 adjusunents of 55,000 or less of the HOME budget portion of Attachment B, the Department's approval of the Request for Payment form will constirute 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 METHOD 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 acmal 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 of Grantee, 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 8. LIAISON AND NOTICE Sharon Haugen, HOME Program Officer, is the Department's liaison with the Grantee. James Wysocki, City Mananger, is the Grantee's liaison with the Department. Notice will be sufficient if given in writing and mailed to the parties' liaison. 9. OWNERSHIP AJ.'ID PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by any subcontractor pursuant to this Contract are to be the property of the Grantee and the Department, which each have the nonexclusive and unrestricted authority to release, publish or other- wise use, in whole or in part, information relating to it. No material produced in whole or in part under this Contract may be copyrighted or patented in the United States or in any other country without the prior written permission of the Grantee and the Department. 10. 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. The Grantee will maintain the following records required by paragraphs (a)(2), (a)(3), (a)(5) and (a)(6) of 24 CFR ~ 892.508: (a). Program Records Required: 1. documentation of efforts to maximize private sector panicipation; 2. a full description of each program activity including census tracts, where invesnnents are made and amounts of HOME funds budgeted, committed and expended; 3. documentation of the income of HOME beneficiaries; and 4. documentation of the procedures used to certify that the combination of federal assistance to the project is not any more than is necessary to provide affordable housing (layering) as directed by the Department. 4 (b). Proiect Records Required: 1. documentation that each project meets applicable propeny 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. affirmative marketing procedures; ,., relocation requirements; ,). 4. labor (Davis-Bacon) standards; 5. lead-based paint standards; 6. conflict of interest provisions; 7. debarment and suspension checks; and 8. flood insurance requirements. (d). Program Administration: 1. Cash Management and Information (C/MI) records (payment certifications, reports, etc.); 5 , 2. copies of aU HOME Program written agreements and monitoring reviews; and 3. records of audits. (e) Other records as may be required by state or federal law: Generally, the records described above must be retained for a period of three years after project closeout. The records regarding project requirements that apply for the duration of the period of affordability, as well as the written agreement and inspection and monitoring reports, must be retained for at least three years after the required period of affordability. Records covering displacement and acquisition must be retained for three years after the date on which persons were displaced, or three years from when final acquisition payment was received, whichever is longer. If any litigation, claim negotiation, audit or other action has been commenced before the expiration of the regular three-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular period, whichever is later. Access to the records described above and all other documentation relating to the program is governed by all applicable state and federal laws as they pertain to disclosure of information to the public and to the individual's right of privacy. 11. PERFORMANCE REPORTING The Grantee will submit status reports on project perfonnance at the request of, and in the format prescribed by, the Department. 12. A VOIDANCE OF CONFLICT OF INTEREST The Grantee will comply with the provisions of 24 CFR S 570.611, subpan J; and with S 2-2-125, 2-2-201, 7-3-4367, 7-5-2106, and 7-5-4109, MCA, as applicable, regarding the avoidance of conflict of interest. 13. MODIFICATION A..t'ID ASSIGNABILITY OF CONTRACT This Contract contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, which are not contained in or authorized by this written Contract, are valid or binding. This Contract may not be enlarged, modified, or altered except upon written agreement. This Contract does not imply any continuing commitment by the State of Montana beyond the termination date noted herein. The Grantee accepts responsibility for adherence to the 6 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 OUI 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 Depanment 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, SS 58.34; 2. the Grantee submits to the Department evidence of the tinn commitment of the other resources necessary for the completion of the project, as defined 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 S 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 expendiUlre of program income as part of the fmandal 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 S 92.251, for the duration of the agreement. 7 (c). The Grantee will adopt affirmative marketing procedures and requirements in accordance with 24 CPR S 92.351 for HOME-assisted housing containing 5 or more housing units. (d). The Grantee will require that all housing assisted with HOME funds meet affordability requirements set forth in 24 CFR S 92.252 or 24 CFR S 92.254, as applicable and will require the repayment of any HOME funds disbursed for a project if the assisted housing unit does not meet the affordability requirements for the specified time period. (e). The Grantee will comply with the project requirements found in 24 CFR, Part 92, subpart F, as applicable, in accordance with the type of project assisted. (t). The Grantee will carry out each activity in compliance with all federal laws and regulations described in 24 CFR, Part 92, subpart H, except that the Grantee does not assume the Department's responsibility for the environmental review or the intergovenunental review process. (g). When applicable, the Grantee will follow the provisions governing the use of HOME funds by religious organizations, as contained in 24 CFR S 92.257. (h). Pursuant to the law, the Grantee will adopt a policy concerning a drug free workplace. (i). The Grantee will enforce the requirements of the Contract relating to affordability and housing quality standards through the use of liens on real property, deed restrictions, covenants running with the land, or other such provisions. The affordability requirements for rental housing must be enforced by deed restriction. (j) . The Grantee will require the following language in all contracts with its subcontractors and subrecipients: The contractor will ensure that, to the greatest e.:'Ctent feasible, opportunities for training and employment arising in connection with this HOME-assisted project will be extended to lower income project area residents. Further, the contractor will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area, in awarding contracts and procuring services and supplies. 15. CONSTRUCTION AND VENUE This Contract will be construed under and governed by the laws of the State of Montana. In the event of litigation concerning it, venue is in the District Court of the First Judicial District in and for the County of Lewis and Clark, State of Montana. 8 ----------- 16. INDEl\'INIFICA TION (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 sub recipient ' 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 Deparonent of this fact and will represent the Deparonent 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 MANAGE.MENT 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 19. TERlVIINATION OF CONTRACT This contract may be terminated as follows: (a). Termination Due to Loss of Funding. This Contract will tenninate in whole or in part, at the discretion of the Department, in the event that the Department suffers a loss of funding or tennination of the federal grant which permits it to fund the Grantee in whole or in part, rendering it unable to make payment to the Grantee. In this event, the Department will give the Grantee written notice setting forth the effective date of full or partial termination or, if a change in funding is required, setting forth the change in funding and changes in the approved budget. (b). Termination Due to Noncompliance with Contract Terms. If the Department determines 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 defect the Grantee does not remedy the deficiency within a reasonable period of time to be specified in the notice, the Department may terminate this Contract in whole or in part at any time before the expiration of the period of affordability specified in Section 4. The Department will promptly notify the Grantee in writing of the decision to terminate, the reasons for the termination, and the effective date of the termination. (c). Termination Due to Adverse Environmental Impact. This Contract will terminate at the conclusion of the environmental review process if the Grantee or the Department determines that the project would have a significant adverse impact on the quality of the human environment, and that such impact cannot be avoided or sufficiently mitigated by reasonable means. (d). Effect of Tennination. In the event of termination due to the Grantee's failure to comply with the terms of this Contract or-the project's adverse environmental impact, any costs incurred will be the responsibility of the Grantee. 20. REPAYMENT OF FUNDS If any housing assisted with HOME funds fails to meet the affordability requirements for the period(s) set forth in Section 4 of this Contract, the Grantee will repay to the Department all HOME funds expended on this housing. 10 ", "-.:'-/ . - .-/ IN WITNESS TIIEREOF, the parties hereto have caused this Contract to.be executed. . . . GRANTEE: (~ L/r{~ Chief Elected Official , Date .nJLY 18. 1994 Date ATTEST: (;L;! ~ t, ~ , I - 11 . .....-.-. -..... --....---- . IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed. GRANTEE: DE? ARTMENT OF COMMERCE c.J2 (A~ 0>-1 l J .mtn:'f'Vi'rltcnr. M~e'r' Director Don E. Stueck, Mayor Pro Tempore Date JULY 18, 1994 Date ATTEST: - (l~/~ Clerk of Commission 11 . CONTRACT #M-93-SG-3000112 ATTACHMENT A PROJECT IMPLEl\1ENT A TION SCHEDULE INTERFAITH NEW CONSTRUCTION PROJECT ACTIVITY RESPONSIBLE PARTY DATE A. Notice of Grant award City of Bozeman April 1994 B. Attend Grant Admin Wkshp City/ BIH April 1994 C. Begin ERR review City May 1994 D. Begin Other Startup City/BIH May 1994 E. Let RFP for Engineer/Architect City/BIH May 1994 F. Select Engineer/ Architect City/BIH June 1994 G. Release of Funds MDOC/City July 1994 H. Complete Design. obtain permits City/BIH July 1994 complete startup 1. Complete Bidding Process City/BIH August 1994 J. Begin Construction City/BIH August 1994 K. Finalize Rental Policies and City/BIH August 1994 Procedures L. Begin Infrastructure and Contractor/City August 1994 Site Improvements M. Complete construction Contractor/BIH/City March 1994 N. Closeout Grant BIH/City Dec 1994 O. Complete Rentup BIH Dec 1994 P. Audit City Jan 1995 12 . Time-Line for Interfaith Apartment Complex MAY 1994 - page 1 ACTIVITY RESPONSE l\'1ay June July Aug Sept Oet Nov Dee Jan Feb [\.-far Apr I\lay June Establish Project Files City - . Select Finn to Conduct Environmental Review City - Refine Management Plan City/BIH i-- Approval From Commerce on the Selection City ~ Begin Environmental Review ESI -~ Select the Architect For the Project EIH - Approval From Commerce on the Selection BIH - Prepare Working Drawings Arch - Submit Drawings to City For Plan Approval Arch - Select the Engineer For the Project EIH - Approval From Commerce on the Selection BlH - Prepare Plans For Site Improvements Engineer - > Submit Plans to City For Plan Approval Engineer - ~ ~ Final Site Plan Approval City - > Application For Revolving Loan Funds BIH (j - ~ Environmental Review Period at Local Level City - Environmental Review Period at State Level MDOC - Z Secure t-.moc Approval For Release of Funds City ~ .-3 c:= Submit Plans to MDOC For Approval EIH - Time-Line for Interfaith Apartment Complex J\.lA Y 1994 - page 2 ACTMTY RESPONSE f\.'1ay June July Aug Sept Oct Nov Dee Jan Feb l\ilar Apr J\lay June' Policies and Procedures Revision Ciry/BIR - Resolution on Acquisition & Relocation Ciry - Prepare Bid Document For Infrastructure Engineer - Notice For Bid Ciry - Review Proposals Ciry/BIR f- Select Contractor for Infrastructure Ciry/BIR - Ciry Commission Approval A ward of Bid Ciry - Approval From Commerce on Selection MDOC - Preconstruction Conference on Infrastructure All Parries ~ Submit Compliance Documents Ciry/BIH - Remaining Demolition of Site BIR - > Establish Local Account for Fund Transfer Ciry - Submit First Draw-down of Funds Ciry - Water and Sewer Conn-actor - . Road Improvements Contractor - Compliance MonilOring Ciry ~ P- P- Submit Draw-downs and Progress Reports as Ciry - - - - Needed Submit Archirectural Drawings 10 Ciry for Plan Mch - Check Approval Submit Drawings to State for Approval Mch - . Time-Line for Interfaith Apartment Complex [HAY 1994 - page 3 ACTIVITY RESPONSE May June July Aug Sept Oct Nov Dee Jan Feb r....lar Apr May June Prepare RFP For Construction Coordinator City/BIR - Notice For Proposals City/BIR - Review Proposals City/BIR - Negotiate With Applicants City/BIR - Select Construction Coordinator City/BIR - Approval From Commerce on Selection City l- Prepare Bid Document for Contractor Arch - Notice for Bid City - Review Proposals City/BIH/CC - Select Contractor for Construction City/BIR/CC - City Commission Approval A ward of Bid City ~ Approval From Commerce on Selection City ~ Secure Building Permits Contractor - Preconstruction Conference All Parties - Publicize and Promote Project City/BIH - Begin Construction Contractor - . . Construction Compliance Monitoring Canst Coor I- - - - - - - Submit Draw-downs and Progress ReportS as City - - - - - - - - Needed Begin Tenant Selection lHC ~ Time-Line for Interfaith Apartment Complex MAY 1994 . page 4 ACTIVITY RESPONSE May June July Aug Sept Oct Nov Dec Jan Feb Mar Apr May 'June' Final Inspections City - Certificate of Occupancy City . - Final Payment to Engineer City/BIH - Final Payment to Contractor City/BIH .- Select Tenants BIH f- Project Promotion and Publicity BIH - Project Close Out Begins City/BIH - Project Completion Report City - Determine Audit Requirements City - Project Audit City/MDOC ~ Ongoing Compliance Requirements BIH ~ . - . ATTACHMENT C . . . . JOB DESCRIPTION Construction/Project Manager, Coordinator The Construction Manager is to safeguard the interests of Bozeman Interfaith Housing by acting as an overseer to the project. This person will be present during all phases of design, contracting, and construction to assure that the methods, quality of materials, safety, and other elements of the project are completed to the greatest benefit of BIR. Job Description: The Construction Manager will work in coordination with the consulting architect, engineer, and grant administrator, and will act as liaison between these entities and the Board of Directors of BIH. The CM will act as trouble shooter, receiving reports of problems, requests for decisions, change orders, payments, etc., from the architects and engineers, coordinating actions and decision making with the City engineering and planning departments, grant administrator and the Board of BIH etc. The CM will inspect all phases of construction to guarantee that the quality of methods and materials meet architectural specifications and conditions of the construction contracts. Compensation: Compensation is based upon $2,500 per month over a six month duration for a total of $15,000. Expertise Needed: Extensive building construction experience in all phases of development. An ability to translate architectural designs into constructional methods and to recognize quality of workmanship and materials which are required for this project. 48 . . ATTACHMENT D. . MONTANA DEPARTMENT OF COMMERCE Montana Board of Housing Phone: (406) 444-3040 2001 Eleventh Avenue, PO Box 20052B Helena, MT 59620-052B TOD: (406) 444-2978 April 8, 1994 John Plummer Bozeman Interfaith Housing C/o First Baptist Church 120 South Grand Bozeman, MT 59715 Dear John: We received notice that your nine unit project in Bozeman received approval for HOME funds. Our records indicate this is one of the final approval stages needed for your project, which has outstanding with the Montana Board of Housing (MEOH) a preliminary commitment of $355,000 in loan funds plus three units of subsidy at an average of $120 per month. My records also indicate one other outstanding issue, which is finding a local lender to participate as construction lender or as administrator of the construction loan. Please update me as to the status of this final outstanding issue as soon as possible. In addition, please provide me with any updated information based on your final figures for the grant application. This should include an updated revenue and expense proforma, if there are any changes to rents, expenses or the proposed loan amount from what is noted above. We would like to see a proposed timeline for the project, including when MEOH funds will be needed. Congratulations on the award of HOME funds. We look forward to working with you as this project moves forward. Sincerely, ") ,naAM.u.~4~ Maureen J. Rude Administrative Officer MJR/jk "Workillg 7()gd/ll'r 10 Mt1~1' It Work" J . . ~ . BOZEMAN INTERFAITH HOUSING PO BOX 7090 BOZEMAN, MT 59771-7090 James Goehrung Housing Coordinator City of Bozeman, MT RE: Verification of Bozeman Interfaith's Cash Contributions Dear James, This letter verifies the amount of $49,000 collected by Bozeman Interfaith Housing and the disburesment of those funds for the purchase of lots 5 & 6 of Westlake First Eddition which will be the site of the nine unit low income housing project. Attached are two items that outline first the collection and then the disbursment of the $49.000. The first is an income statement and the second is Reality Transfer Certificate. . OEPARfME NT OF REVENUE REAL TV TRANSFER CERTIFICATE PROPERTY' ASSESSMEN r DIVISION MITCHEll BUllDINIi --.-..............~ HELENA, M,ONrAN.A 59(i20 THIS STATEMENT IS CONFIDENTIAL - - PART 1 (PLEASE READ INSTRUCTIONS ON REVER:jE SUORE STARTING) PART 21ype 01 Roal Eslnle ~ DoIL!3. To rqcrson ~aconl Residential Luts Iranton Neme (SELlERI (la.'. Fila.. an,' !ollddlo.'nlll"ll ._...-.......,...---.-. o Olhnr Vacanl Lois 845 Grand Drive __.................w___-.............. Md,e"INumbaf and Str.., 01 Au,et AOUI~ - - - -- - o Resldenllal _ BiqfOQL Mr 512.LL___ ___. ________________.. _____ o COlllm,"dlll Cly SIahl l" Codo __BoZBTliID.. In..t~.filittL1IQU: d,lJg,-1nG... _ __ ___ o IlIdush laJ O.a"IH'. Nam. (BUYERl (la... FIlii. .,.., M"Jdh. Inlll,,11 ----_.~...............~- J__~~K&. _E..CL...j3Q2{. ]Q9(l_~__. o Ag.h:ullural -------..~_. ~---- ....Ido... (Nurme. .nd Ii"..'''' Au'.1 Rou.nl o Timbe, --..fureIliUl,. ---.M'L~_~mll___ _ _ __ _ __~_ _ ~__,_ ~_____ o Tax Exempt by law Clly SI.'u lip Code SAl ES DATE ~ __. _. !QJ~6L9l....._ MonUIIOly/Y.., - --- -......-.-_~~~ PART 3 Descrlpllon of Property: (If d'lscrlptlon Is 100 Ienylhy. pleaso ellach on separa.e pag,,) County Municipality (Clly) AddiliolllSubdll/lslon) Block lol Gallatin Bozentan Wes tlake · s lst~J\dd.ition~ 1 -2~!i__ -..............- - -...........-- -----. --- .- Olhor desclipllon ~..............._~-~~_& - ---~~_.. ~- -~--..o...--...,-~ -~~~-~---~-~ - -------....~_.~~ - ~~ -~--- ~- . -- -- ~~._~ PART" This sale Is exompl ham repmlln!J 8ele Inlollnellon hecauso: (Pleaso chock only una. see Inslruclloll!1 OIl rOl/elSo) o Properly Is egllcullurallalld which wlll.omaln In thel U!la. [I Transler Is a gill. o Purchaser Is U. S., Slelo IIr other l/ove,nment<l' agancy. [I T'ansla. Is bolweoll hosband und wile or paloll' alld child wllh 1111111- o Transler Is 10 corracl, modify or Suppl'lmenl a prel/lously recorded Inal actuBI consldorallun. Inslrumenl NO ADDITIONAL OON:HDE RATION IS MADE. [I Purchasar alltJ sailor ale Idonllcal par lies. !'Transler Is pursuanl to a court donee. [I Transler Is pursuanllo dellnqllonl laxes, sherlll sale, l,ankruplCy or o Transfer Is pursuanllo a meryer. consolldallon or raorganlzallon of a loracIOSU'B. business enllly. o Trensler Is made In conlamplallon of dealh wllhoul actual conslderallon. o Transler Is ham a subsidiary 10 e "arenl corporallon wlthoul actual Inslrurnonl does nollronsler roolty: consider allan. o Minerai Inleresl, lease or royally o Transler Is pursuanllo a decodenl's olllale. o Asslunment 01 Inlmusl an collaleral - - ----~-~-- -- -------.-....- PART 5 This sale Includes a Irallsler 01 waler rlUhls: I] YES)(J NO (SEE INSrnUCTlONS ON nEVER:j!: SIDE OF PAGI; 1 ANI' PAGE :') - - - --...........- -' ............... - --.--........... ..- PART 8 II no oxelllpllon Is Ifldlcllled hI ParI 4. this p;ulmllsl be completed. (See Inslrucllllns on roVer!10) Aclual Conslduratlon Value 01 any personal properly lIava SlO's beell paid? S 49.000.00 (Pleasa see Inslrudlons) $ rJ YES DNa - 1/ no, amoulI' dUll (SALE OF RHilDENTlAL PROPERTY) Flnunclng ~l arms S~_. __~ ____ .~ ){] Gash OFHA OVA I J Conl/. 0 c :onlracl I l As"unlplloo of or 0 new 10011 ---.............~~-..- _ exlsllo~ How IlIallY lolal d<lYs (SALE OF COMMEflCIAL PROPERTY) has Ihis Jlroplllty beall Flnnnclng 'terms expos"d 10 Ihe markul'l o Cash OFHA OVA IlC'l/w. o (:entracl I l ASl1UllIpllon 01 or 0 new loun __ _..:.. _ days. exl~lIng loan -- . .- - -- PAnT 7 P,epared By: leleclare tllall hal/e examined 'hls Iltalemell', Ilnd lllnll! H.me Is 10 IlIn busl 01 my knowledge and belief. Irue and Clll- 69k..emgILln.terf ai tt1.JIQu; linlJ-.<-llillJ _ rncl, and Iha'l am duly authorized 10 shIn Ihis slahlllll!lIl. Add",.. INuwbe. .nd 6"... 01 AUf.llloul"l ~ ~~~~ ~ D~~MHi:iH.K -P ..9...!_.Box 7090_ __ SJG~_~ --=:=_ ~.,r_! CUy Sl .,. z", Codo HER E !lIgne'u'n -----;' _ BoZellk:ln....... MT 59215-. _ __._ Dula Siynod h-?-~~c! ~2~_. - _._.~ - ---- WHEN COMPLETED, FILE WITH CLERK AND RECORDER WHEN FILING THE DEED - -~ --- PAnT 8 Counly Clerk & Recordor (Sell Pall 7 Instructions nn lel/erse) Typo 01 Instruml!nl lI'corded In Book.._ Page__ _. _ ~ Dale_ _ _~ ~_ ~ Instrumen.: Dellds: o Warrenty o Granl o QuI! claim o Contracl lor (leed (Check one) OIlier: o Declarallon of Interesl IJ Decree o Asslgnmonl 01 Mineral Rlghlll 01 Royally fl ..".. ,,,. j JIll j '" . .. . BOZEMAN INTERF AlTH HOUSING, INC. . . INCOME STATEMENT AS OF DECEMBER 21, 1993 INCOME: Church Contributions $ 30,244.58 Individual Contributions 21,045.00 Interest on Savings 51.55 T ota! Income: $ 51,341.13 EXPENSES: 501(c)3 Fees $ 465.00 Property Purchase 48,229.39 Property Taxes (Ist Half) 132.57 Property Insurance (Liability) 206.00 John Plununer (reimbursement) 935.00 Total Expenses: $ 49,967.96 NET INCOME(LOSS) $ 1.373.17 BOZEMAN INTERFAITH HOUSING, INe. BALANCE SHEET AS OF DECEMBER 21, 1993 ASSETS: Checking Account Balance $ 321.62 Savings Account Balance 1,051.55 4th & Peach Property 48.229.39 Total Assets: $ 49.602.56 LIABILITIES & NET WORTH: f Total Liabilities: $ 0.00 Net Worth $ 49.602.56 Total Liabilites & Net Worth: $ 49.602.56 . . -' . MODIFICATION OF COOPERATIVE AGREEMENT for BOZEMAN INTERFAITH HOUSING/CITY OF BOZEMAN COOPERATIVE AGREEMENT This modification agreement is made October 17, 1994 between the City of Bozeman and Bozeman Interfaith Housing, Inc. RECITALS 1. The City of Bozeman and Bozeman Interfaith Housing, Inc. entered into a Cooperative Agreement on July 18, 1994, for the purpose of constructing a nine unit apartment complex at 606 North Fourth Avenue. 2. Partial funding for the project will come from the Montana Department of Commerce HOME Program. Because Bozeman Interfaith Housing is a private non-profit corporation and will remain the owner of the apartment complex upon completion, the Montana Department of Commerce has given formal written notice to the City of Bozeman that will allow a modification of the bidding practices normally required for local governments. 3. In order to adopt the modified bidding practices that are allowed, the City of Bozeman and Bozeman Interfaith Housing, Inc. agree to the following changes in the Cooperative Agreement. The Parties, in consideration of the mutual covenants contained herein, agree as follows: 1. Under Item I. Responsibilities Retained by the City, Section B - DELETE: " The City will let the bids and award the contracts, according to City policy, for all HOME funds. " 2. Under Item II. Delegation of Responsibilities to BIB, Section B5 - DELETE: "City will1et the bid and award the contracts." 3. Under Item II. Delegation of Responsibilities to BIB, Section B - ADD 7: "BIB or its agent will follow the bidding practices outlined in the Office of Management and Budget Circular 110, Uniform Requirements for Grants and A~reements with Institutions of Higher Education. Hosoitals. and Other Nonorofit Organizations. Attachment O. " .- "' ~ . 4. Except as modified herein, the basic agreement between the parties shall remain in full force and effect. The Parties have executed this agreement the day and year first above written. Bozeman City Commission ~ .;1:- ...,..,.. Jo Vincent, Mayor ATTEST: ~/~ Robin L. Sullivan Clerk of Commission APPROVED AS TO FORM; Bozeman Interfaith Housing, Inc. ..-,;1" "'--- ATTEST: ~./f(b~ Charles Miller Secretary ITreasurer APPROVED AS TO FORM: