HomeMy WebLinkAbout19- Affordable Housing Grant Agreement - Human Resource Development Council, District IX (HRDC) - Willow Springs BOZ�,�
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WILLOW SPRINGS AFFORDABLE HOUSING
HRDC GRANT AGREEMENT
THIS AGREEMENT is made and entered into this_t�tday of (7ef/0(�, , 2019, by
and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation, organized and existing under the laws of the State of Montana, located
at 121 N. Rouse Ave. with a mailing address of PO Box 1230, Bozeman, Montana
59771 ("City") and Human Resource Development Council, District IX, 32 S. Tracy
Street, Bozeman, Montana 59715 ("Grantee").
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No.
3866 establishing policies for the granting of funds from the City of Bozeman to a
requesting entity; and
WHEREAS, HRDC's Affordable Housing Plan (the "AH Plan") for the Willow Springs
planned unit development and subdivision ("Willow Springs") included a grant request
for $240,000 from the City as partial reimbursement of construction costs for the first
twelve townhomes HRDC plans to build in Willow Springs; and
WHEREAS, on June 24, 2019, the Commission appropriated $240,000 for the purpose
of funding such a grant in the fiscal year ending June 30, 2020 ("FY20"); and
WHEREAS, the City approved HRDC's Willow Springs grant request on 6(_140
2019.
In consideration of the mutual covenants and agreements herein contained, the
receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree
as follows:
1. Grant/Use of Grant Funds: The City hereby agrees to award Grantee a
grant in the amount of up to two-hundred and forty thousand dollars
($240,000) from its Workforce Housing Fund (hereinafter referred to as the
"Grant") for the sole and exclusive purpose of providing permanently affordable
housing in the Willow Springs subdivision within the City of Bozeman as described
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in Grantee's Affordable Housing Plan dated July 15, 2019 attached hereto as
Exhibit A and by this reference made a part hereof. No portion of the Grant
may be used for purposes other than as described herein or in violation of
any laws.
2. Requirements for Payment Of Grant Funds: Payment of Grant funds is
subject to the following requirements:
a. Grantee shall comply with all requirements of the City of Bozeman
Affordable Housing Ordinance (Bozeman Municipal Code Division 38.380)
as established by the Bozeman City Commission and other requirements
as may be established by the Bozeman City Manager.
b. Grantees must adhere to the requirements outlined in the Affordable
Housing Plan. All work done pursuant to the Grant must be completed by
licensed, insured, and bonded contractors.
C. During FY20, HRDC may request reimbursement for construction costs in
the amount of $20,000 per townhome only after issuance of an
occupancy permit for each of the first twelve Willow Springs townhomes.
d. Any Grant funds not awarded during FY20 will remain in the City's
Workforce Housing Fund and will be available for other appropriation.
e. The City reserves the right to complete a visual inspection of the
finished townhome(s) prior to payment of Grant funds to confirm
compliance with this Agreement.
3. Reporting/Accountability: The Grantee recognizes the Grant consists of
public monies. If Grant funds are paid to HRDC, HRDC will provide to the City a final
written report at the end of FY20 that includes all information necessary to
demonstrate that the Grant funds have been appropriately utilized for the intended
purposes. HRDC must allow the City, its auditors, and other persons authorized by
the City to inspect and copy its books and records for the purpose of verifying that
monies provided to HRDC pursuant to this Agreement were used in compliance with
this Agreement and all applicable provisions of federal, state, and local law. HRDC
will retain such records for seven years after receipt of final payment under this
Agreement unless permission to destroy them is granted by the City.
4. Grantee Independent: The Grantee agrees:
a. it is a separate legal entity independent from the City;
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b. for the purposes of this grant it is not an agent of the City;
C. it is not authorized to act on behalf of the City, its elected officials,
departments, or employees;
d. it is not under the control of the City; and
e. HRDC and its agents, employees, contractors, or subcontractors, are not
subject to the terms and provisions of the City's personnel policies
handbook and may not be considered a City employee for workers'
compensation or any other purpose.
5. Nondiscrimination: The Grantee will have a policy to provide equal housing
opportunity in accordance with all applicable state and federal fair housing laws,
regulations, and contracts. The Grantee will not refuse housing to a person, bar a
person from housing, or discriminate against a person on term, condition, or privilege
of housing because of race, color, religion, creed, political ideas, sex, age, marital
status, national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The
Grantee shall be subject to and comply with the Fair Housing Act [42 U.S.C. 3601]
United States Code, and all regulations promulgated there under. The Grantee shall
require these nondiscrimination terms of its contractors providing services under this
Agreement.
6. Indemnity/Waiver of Claims/Insurance: Grantee agrees to indemnify,
defend, and save the City, its officers, agents, and employees harmless from any and
all losses, damage, and liability occasioned by, growing out of, or in any way arising
or resulting from any intentional or negligent act on the part of Grantee or its agents
or employees in carrying out the purposes of this Grant. This provision shall survive
the completion of any work done under this Agreement for the maximum period
allowed under applicable law.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations
of this Section must not be construed to negate, abridge, or reduce any common-law
or statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s). HRDC's indemnification obligations under this Section shall be without
regard to and without any right to contribution from any insurance maintained by
City.
Should any indemnitee described herein be required to bring an action against HRDC
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to assert its right to defense or indemnification under this Agreement or under HRDC's
applicable insurance policies required below the indemnitee shall be entitled to
recover reasonable costs and attorney fees incurred in asserting its right to
indemnification or defense but only if a court of competent jurisdiction determines
HRDC was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claims) or any portion(s) thereof.
In the event of an action filed against City resulting from the City's performance
under this Agreement, the City may elect to represent itself and incur all costs and
expenses of suit.
HRDC also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person
or property arising from, growing out of, or in any way connected with or incident to
the performance of this Agreement except "responsibility for his own fraud, for
willful injury to the person or property of another, or for violation of law, whether
willful or negligent" as per 28-2-702, MCA.
In addition to and independent from the above, HRDC shall at HRDC's expense secure
insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and
obligations specifically assumed by HRDC in this Section. The insurance coverage shall
not contain any exclusion for liabilities specifically assumed by HRDC in this Section
unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses,
and expenses that may be asserted or claimed against, recovered from, or suffered by
the City without limit and without regard to the cause therefore and which is
acceptable to the City and HRDC shall furnish to the City an accompanying certificate
of insurance and accompanying endorsements in amounts not less than as follows:
• Workers' Compensation - statutory;
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000
annual aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial
General Liability policy. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation
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or non-renewal. The City must approve all insurance coverage and endorsements prior
to delivery of Grant funds to HRDC. HRDC shall notify City within two (2) business days
of HRDC's receipt of notice that any required insurance coverage will be terminated
or HRDC's decision to terminate any required insurance coverage for any reason.
7. Permits: Grantee shall provide all notices, comply with all applicable
laws, ordinances, rules, and regulations, obtain all necessary permits, licenses and
inspections from applicable governmental authorities, and pay all fees and charges in
connection therewith.
8. Default and Termination/Refund of Grant: If the Grantee fails to comply
with any condition of this Agreement at the time or in the manner provided for, the
City may terminate this Agreement if the Grantee does not cure the default within
fifteen (15) days after the City provides written notice to the Grantee. The notice wilt
set forth the items to be cured. If this Agreement is terminated pursuant to this
Section, the Grantee must return all or a portion of the Grant funds awarded under
this Agreement as required by the City even if such Grant funds have been previously
expended by Grantee.
9. Public Meetines and Access to Public Records
a. Meetings of HRDC that pertain to the receipt or expenditure of Grant funds
from the City are subject to the open meeting requirements of Montana
law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title
2, Chapter 3, MCA. To ensure compliance, HRDC will provide agendas for
meetings that pertain to the receipt or expenditure of Grant funds covered
by this Agreement to the City Clerk's office no later than 72 working hours
prior to meeting for notice on the City's official posting board and any other
sites deemed reasonable by the Clerk's office. In addition, meeting minutes
wilt be kept by HRDC and provided to the City Clerk's office no later than 90
days after the meeting. These minutes shall be posted and made available
to the public by the City Clerk's office except for those minutes taken
during a closed meeting in accordance with 2-3-203, MCA. Minutes taken
during a closed meeting shall also be provided to the City Clerk's office but
shall be handled in accordance with the City Clerk's regular executive
session protocol and kept private in a secured cabinet.
b. In accordance with 7-1-4144, MCA and subject to any applicable legal
obligation to protect and preserve individual confidential or private
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information, upon reasonable request and at reasonable times during
normal business hours, HRDC shall make such records available for
inspection and copying by members of the public. HRDC may charge for such
copying in accordance with the policies of the City, which HRDC hereby
adopts for such purposes.
c. To determine whether a meeting or part of a meeting may be closed to the
public and to determine whether information contained in HRDC documents
is protected by law from disclosure, HRDC may seek a determination of the
City Attorney at no cost to HRDC. Such request and determination shall not
create an attorney-client relationship between HRDC and the City.
10. Attorney's Fees and Costs: In the event it becomes necessary for a party
to this Agreement to retain an attorney to enforce any of the terms or conditions of
this Agreement or to give any notice required herein, then the prevailing party shalt
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs
of in-house counsel to include City Attorney.
11. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation
between senior-level personnel from each party duly authorized to execute
settlement agreements. Upon mutual agreement of the parties, the parties
may invite an independent, disinterested mediator to assist in the
negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be
resolved in a court of competent jurisdiction in compliance with the
Applicable Law provisions of this Agreement.
12. Modification: This document contains the entire agreement between the
parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or
binding. This Agreement may not be modified except by written agreement signed by
both parties.
13. Assignability/Contractors: Grantee may not assign responsibility
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for performance of the Grant to any other person or entity without the express
written consent of City. Any contractor or subcontractor or assignee will be bound by
all of the terms and conditions of this Agreement.
14. No Third Party Beneficiary: The terms and provisions of this
Agreement are intended solely for the benefit of each party and their respective
successors and assigns. It is not the parties' intent to confer third party beneficiary
rights upon any other person orentity.
15. Integration: This Agreement and all Exhibits attached hereto
constitute the entire agreement of the parties. Covenants or representations not
contained therein or made a part thereof by reference, are not binding upon the
parties. There are no understandings between the parties other than as set forth in
this Agreement. All communications, either verbal or written, made prior to the date
of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
16. Choice of Law: This Agreement shall be governed and construed in
accordance with the laws of the State of Montana.
17. Non-Waiver: A waiver by either party of any default or breach by the
other party of any terms or conditions of this Agreement does not limit the other
party's right to enforce such term or conditions or to pursue any available legal or
equitable rights in the event of any subsequent default or breach.
18. Seyerability: If any portion of this Agreement is held to be void or
unenforceable, the balance of the Agreement shall continue in effect.
19. Counterparts: This Agreement may be executed in counterparts,
which together constitute one instrument.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument
the day and year first above written.
CITY OF BOZEMAN
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[4,-,Qa-70�
Date: dry ao/Q
An ea Surratt, City der
City of Bozeman
PR-AN `
Date: ka. lt' Zo/
Heather Grenier, President and CEO
HRDC
Apr(roved 8s Yo form:
re S livan, City Attorney
City of Bozeman
Page 8 of 8
EXHIBIT A
WILLOW SPRINGS
AFFORDABLE HOUSING PLAN