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Home My WebLink About00- HRDC Agreement . AGREEMENT THIS AGREEMENT is entered into by the City of Bozeman, herein referred to as the "City", and the I hunan Resource Ikvelopment Council of District IX, Ine., herein relCrred to as the "H({DC". RECIT ALS A. The City sponsored a Community Devcloprnent Block Grant for Public Facilities on bchalf of the HRDC to obtain funding to rehabilitate the property known as the "Armory" at 32 South Tracy, Bozeman MT. The property, which is owned by the H({DC, upon completion will house the HRDC's Supportive Services Offices from which to provide supportive services to lower income persons. B. The City received the CDB(; lllllds to rehabilitate the property. e Thc City, in its capacity as a CDBG grantee, has detennined that the I IRDC, as the owner of the property and designer of the project, has extensive community development experience and should implement the construction program. D. This Agreement bctween the City and the HRDC will f~lcilitate mutual cooperation in implementing the CDBG funds for rehabilitating the IIRDC property. E. The City has experienced building, engineering and planning staff who will assist the IIRDC with the site irnprovement elements of the project; rehabilitation of the building: and processing of grant requirements. F This Agreernent affects only the specific project identified in the City's CDBG grant application and docs not affect or govern any other construction or improvements undertaken by the H ({DC on any other property G. Both pmties to this Agreement understand that neither party involved herein has in any way, expressly or implied, abrogated any of its individual powers, and that this AGREEMENT does not create any new organizational or legal entity. THE PARTIES IIERETO THlmErORE AGREE AS FOLLOWS: I. Responsibiliti(;sRetained by the City A. The City's staff in the building, planning and engineering departments. will provide assistance in the design, construction and installation of the site improvements, including, but not limited to, the following: I. Reviewing as required engineering and architectural design 2. Overseeing the preparation of bid requests, letting of bids and awarding of contracts. 3. Performing inspections for the rehabilitation work. 4. Ensuring compliance with building codes and standards. B. Upon review orthe bids and recommendation of the project architect, a contractor will be selected to rehabilitate the building The City Commission will award the Contract according to prescribed procedures although the HRDC will be the actual contracting party and signatory on all construetion contracts f(lr the projects. Bid solicitation dOCllrnents will reflect this requirement. C. All responsibilities not delegated to the H({DC under this Agreement rClnain the responsibility of the City. I I II. Delegation of Responsibilitjes A. The HRDC will independently retain the services ofa consulting engineer and architectural finn to design and supervise the installation of site improvements and oversee construction of the buildings_ R. The HRDC will be responsible for all faccts of the design and construction phases of the building rehabilitation including the following: I. Project design, engineering, and architecture. 2. Supervision of the construetion process. 3. Except as provided by Paragraph IV, Adlninistration below, compliance with all other state and lCderal requirements eontained in the Statement of Assurances submitted to the Department with the City's application f()r CDRG assistance dated May 1999. 4 Except as provided by Paragraph IV, AcJJnLlJistration below, cOlnpliance with all other state and federal requirements as described in the Montana CDBG Grant Adlninistration Manual. 5. Preparation of bid documents for rehabilitation of the building_ 6. Supervision of the bid process, awarding of contracts, and rehabilitation of the building. C. The I !RDC will receive, review and approve all requests for paynlent for items contained in Paragraph B, above, and prepare and subnlit such requests to the City Commission in a timcly Llshion. Requests for paylnent will be acted upon promptly by the City Commission in accordance with established procedures. D. During the term of this Agreement, the HRDC will maintain adequate and reasonable records of its performance hereunder in a manner consistent with generally accepted accounting principles. The H R DC will allow the City and the Department and their authorized representatives access to those records at any time during nonnal business hours_ At the request of the City the IIRDC will submit to the City, in the format prescribed by the City, status reports on its performance under this Contract. Status reports Illay not be requested Inore frequently than monthly. E. The I-!RDC will provide doculTlentation that the share of the project funds that exceeds the CDBCi 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 0 I' Dc:~jgn, Construction_<lnd .Im;tallation Costs A. The !-IRDC shall be responsible for reviewing and approving all payment requests in connection with design and rehabilitation oUhe building. Requests for payment from CDRCi funds or City funds shall be submitted to the City for payment. R. Upon receipt of an approved claim for payment from the HRDC for allowable project costs as specified in the City's Grant Contract with the Department, a copy of which is appended as Attachment A oUhis Agreenlent, and which by this reference is made a part hereof, the City will request the required amount of CDBG funds from the Department, and upon receipt of these funds. the City will honor the claim and pay the funds directly to the entity requesting payment. 2 I C. The City will deduct a retainage from each payment request equal to ten percent (100;,,) frorn each payment request submitted by the (-(RDC for payment ofrehabilitation costs, and hold this retainage until construction is complete, the architect approves final payments, and the project is accepted, all in accordance with the conditions of the construction contract. IV. Duration 0 I' Cgntraet A. This AGREEMENT takes effect when the following conditions are satisfied: 1. The Department of COll1lnerCe and the City have executed the CDBG grant Contract; 2. The Departlnent of Commerce has approved the HRDC's "Request fl)r Release of' Funds and Certification." 3. The City's Allorney and the attorney for the HRDC have approved this Agreement as to form and con ten t. 4. The City Commission and the HRDC have agreed fully to its terms and conditions. 13. This Agreement will terminate 90 days after the Montana Departlnent ofConllnerce closes out the CDBG grant with the City. V. Administration A- For purposes of communication concerning performance of this Contract, the City Commission and the HRDC shall each designate a contact pcrson for ongoing conHnunication concerning the perfonnance of this Contract. The persons designated for contact will meet as necessary to provide fi)r the efficient and smooth implementation of this AGREEMENT and shall report to the City Commission and the HRDC Chief Executive Officer. B. The HRDC will comply with the f"cderal adrninistrative requirements contained in 24CFR sections 70.502 as applicable. C. HRDC will carry out each activity under this AGREEMENT in compliance with all federal laws and regulations described in 24 crR section 570.600 through 570-612 (Subpart K) except that: 1. H R DC docs not assume the City's role as environmental celiifying officer as described in 24 CFR Section 570.502; 2. HRDC docs not assume the City's responsibility for initiating the review process under the provisions ofcrR Part 52. VI. Dispositioll_ofSite (nmrovemc:llt Upon expiration ofthis Contract, the I IRDC will transfer to the City any CDBG funds on hand at the tinle of expiration. The HRDC, as a non-profit 501 (c)(3) organization, will retain title and control and manage the CDGe; assisted property aileI' cOlnpletion of the project. HRDC will maintain the real property assisted under this Agreernent for the sole purpose of providing services for low and very low-income households for a period of thirty years. 3 . , , \ \ VII Indemnification The IIRDC 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 ERDC's perfoonance under this Contract, except claims arising from the concurrent or sole negligence or other acts of the City or its officers, agents, or employees. The HRDC will indemnify, hold harmless, and defend the City against all claims, demands, damages, costs, expenses, or liability arising out orthe I-IRDC's perfonnance of this Agreement except for liability arising out of the concurrent or sole negligence or other acts of the City or its officers, agents or employees. VIII. Suspension Q[Termination In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement if the HRDC materially fails to comply with any teon of the City's grant Contract with the Department. In addition, the City may terminate this Agreement if its CDBG Grant Contract with the Department is tenninated by the Department for convenience in accordance with 24 CFR 85.44. THIS AGREEMENT has been approved by the City Commission and the I-IRDC Board of Directors. Bozeman City Commission \ . \\ ---.......-, ""- 'i ZA~"-- , ---,-~~ .-. -- .,.,,,~,J ._'~..- ,::::~._'i:(" City Manager Date V:;J:X~ Clerk orthe Commission APPRO~E4s ?7? _.~._~( / c.li{{lf City Att( Illey ,.. ./ Humah Resource Development Council of District f~, Inc. I J . , , ' / '; ~/, ).>1 ..- I.', /\ . .... I.. I \ ~-' Dt Chief Exe utivd'O~ficer 'II/ Date , I \,.j ! " ATTEST: , ., nL. t ((j./? {tr( / L.._.-~ HRDC Secretary/Treasurer 4