HomeMy WebLinkAbout22- Grant Agreement - Warming Shelter - HRDC
FY 2022 Grant Agreement – HRDC for Community Warming Center
Page 1
GRANT AGREEMENT
HRDC – Warming Center
THIS AGREEMENT is made and entered into this ____ day of __________, 2022 (“Effective
Date”), by and between the City of Bozeman, Montana, a self-governing municipal corporation
located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as Grantor and Human Resources
Development Council of District IX, Inc. (“HRDC”), a Montana nonprofit corporation located at
32 South Tracy Ave., Bozeman Montana 59715 as Grantee. Collectively City and HRDC may be
referred to herein as the “Parties.”
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 submitted a proposal to the City Commission for a grant of up to $241,920 for
operating a warming shelter at property leased by HRDC to serve as a warming shelter (the
“Property”) on land located at 2015 Wheat Drive, Bozeman Montana (the “Land”); and
WHEREAS, the City Commission finds there is a compelling public interest in alleviating the
need for emergency housing in the community as described in HRDC’s proposal and that the
project will serve a public purpose.
THE PARTIES AGREE:
1. Grant. The City will grant and release to HRDC a sum of up to two hundred forty one
thousand nine hundred twenty dollars ($241,920) from its Workforce Housing Fund (the
“Grant”) pursuant to the payment terms in Section 3.
2. Use of Grant Funds. Grant funds will be used by HRDC for the sole purpose of operating
a Community Warming Center as described in HRDC’s grant request dated January 6,
2022 (the “Project”), attached hereto as Exhibit A and by this reference incorporated
herein. The Parties understand and agree this Agreement is for operational costs
associated with the Community Warming Center and in no way supersedes or amends
the Grant Agreement entered into between the Parties for costs related to construction
activities at the Project dated April 20, 2020.
FY 2022 Grant Agreement – HRDC for Community Warming Center
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3. Payment of Grant Funds
a. HRDC will invoice the City for up to $241,920 to receive payment, subject to the
terms of this Agreement.
b. Any funds from the Grant not awarded during the term of this Agreement will
remain in the City’s Workforce Housing Fund and will be available for other
appropriation.
4. Term. The term of this Agreement will commence on the Effective Date and expire on
October 31, 2022. unless earlier terminated as provided herein.
5. Repayment of Grant Funds.
a. Use of Property for a Public Purpose. The City is agrees to grant the Grant funds
only for the purposes described in HRDC’s grant request attached as Exhibit A.
6. Grantee Representations
a. HRDC has familiarized itself with the nature and extent of this Agreement and
with all local conditions and federal, state and local laws, ordinances, rules, and
regulations that in any manner may affect HRDC’s performance under this
Agreement.
b. HRDC represents and warrants to City that it has the experience and ability to
perform its obligations under this Agreement; that it will perform said
obligations in a professional, competent and timely manner and with diligence
and skill; that it has the power to enter into and perform this Agreement; and
that its performance of this Agreement shall not infringe upon or violate the
rights of any third party, whether rights of copyright, trademark, privacy,
publicity, libel, slander or any other rights of any nature whatsoever, or violate
any federal, state and municipal laws. The City will not determine or exercise
control as to general procedures or formats necessary for HRDC to meet this
warranty.
FY 2022 Grant Agreement – HRDC for Community Warming Center
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c. HRDC represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
d. HRDC represents and warrants to the City the Leased Property will be used as a
Community Warming Center as described in HRDC’s proposal, attached hereto
as Exhibit A.
7. Permits and Compliance with Laws. HRDC will obtain, in a timely manner, all required
permits, licenses and approvals, and will meet all requirements of all local, state and
federal laws, rules and regulations which must be obtained or met in connection with
construction or installation of the Improvements. Without limiting the foregoing, HRDC
will request and seek to obtain from the City or other appropriate governmental
authority all necessary land use, zoning, and building permits. HRDC will comply in all
material respects with all applicable environmental laws and regulations applicable to
the construction, installation, and operation of the Improvements, will obtain any and
all necessary environmental reviews, licenses or clearances under, and will comply in all
material respects with, environmental laws and regulations. In addition, HRDC shall
comply fully with all applicable state and federal laws, regulations, and municipal
ordinances related to worker safety including but not limited to the Occupational Safety
and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety
Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and
electrical codes, and the Americans with Disabilities Act.
8. Worker’s Compensation Insurance. HRDC shall provide in its construction contracts
related to the Project with all of its respective contractors that such contractors are to
be covered by a Worker’s Compensation insurance program with the State, a private
insurance carrier, or an approved self-insurance plan in accordance with State law.
9. Reports/Accountability/Public Information. If Grant funds are paid to HRDC, HRDC will
provide to the City a formal written report that includes, at a minimum, the proof of
expenses paid. HRDC agrees to develop and/or provide such other documentation as
requested by the City demonstrating HRDC’s compliance with the requirements of this
Agreement. 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 ten (10) years after receipt of final payment under this Agreement
unless permission to destroy them is granted by the City. HRDC shall not issue any
FY 2022 Grant Agreement – HRDC for Community Warming Center
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statements, releases or information for public dissemination without prior approval of
the City.
10. Independent Contractor Status. The Parties agree that HRDC, its agents, employees,
contractors, or subcontractors, are independent contractors for purposes of this
Agreement and are not to be considered employees or agents of the City for any
purpose. 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.
HRDC, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
11. Default and Termination. If HRDC 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
default is not cured within fifteen (15) days after written notice is provided to HRDC.
The notice will set forth the items to be cured. If this Agreement is terminated pursuant
to this Section, HRDC will repay to the City any Grant funds already delivered to HRDC
for the Project. In the event of termination under this Section 17, HRDC shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, damages
of any nature arising, or claimed to have arisen, as a result of the termination.
12. Limitation on HRDC’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by HRDC under this Agreement, HRDC’s
damages shall be limited to contract damages and HRDC hereby expressly waives
any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature or kind.
b. In the event HRDC wants to assert a claim for damages of any kind or nature,
HRDC must first provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within ninety (90) days of the facts and
circumstances giving rise to the claim. In the event HRDC fails to provide such
notice, HRDC shall waive all rights to assert such claim.
13. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be the Economic Development Program Manager for Housing
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and Development or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to
City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be
issued only by such Representative; provided, however, that in exigent
circumstances when City’s Representative is not available, HRDC may direct its
communication or submission to other designated City personnel or agents and
may receive approvals or authorization from such persons.
b. HRDC’s Representative. HRDC’s Representative for the purpose of this
Agreement shall be Heather Grenier or such other individual as HRDC shall
designate in writing. Whenever direction to or communication with HRDC is
required by this Agreement, such direction or communication shall be directed
to HRDC’s Representative; provided, however, that in exigent circumstances
when HRDC’s Representative is not available, City may direct its direction or
communication to other designated HRDC personnel or agents.
14. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, HRDC
agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, expenses,
action or other proceeding whatsoever including reasonable defense attorney fees, (i)
arising or purportedly arising out of, or resulting or purportedly resulting from, the
construction or installation of the Improvements, any violation by HRDC of any
agreement, condition or covenant of this Agreement, the maintenance and operation of
the Project, or the presence on any portion of the Land, of any dangerous, toxic or
hazardous pollutants, contaminants, chemicals, waste, materials or substances; or (ii)
which is proximately caused by HRDC or its officers, agents, contractors, consultants or
employees.
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 to
assert its right to defense or indemnification under this Agreement or under HRDC’s
FY 2022 Grant Agreement – HRDC for Community Warming Center
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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 claim(s) 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.
These obligations shall survive termination of this Agreement.
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:
x Workers’ Compensation – statutory;
x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
x 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
FY 2022 Grant Agreement – HRDC for Community Warming Center
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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 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.
15. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term, condition,
or privilege of employment 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.
GRANTEE represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act). GRANTEE must report to the City any violations of the Montana Equal Pay
Act that Contractor has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
16. Public Meetings 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 will 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
FY 2022 Grant Agreement – HRDC for Community Warming Center
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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 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.
17. 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 shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
18. Integration and 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.
19. 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
FY 2022 Grant Agreement – HRDC for Community Warming Center
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court of competent jurisdiction in compliance with the Applicable Law provisions
of this Agreement.
20. No Assignment. HRDC may not subcontract or assign HRDC’s rights, including the right
to Grant payments, or any other rights or duties arising hereunder, without the prior
written consent of City.
21. Successors Bound By Agreement; No Third Party Beneficiary. Subject to compliance
with Section 26, this Agreement will inure to the benefit of and be binding upon the
Parties and their respective successors in interest and permitted assignees. This
Agreement is for the exclusive benefit of the Parties, does not constitute a third-party
beneficiary agreement, and may not be relied upon or enforced by a third party.
22. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
23. 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.
24. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
25. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
26. 30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic
Transactions Act, Title 30, Chapter 18, Part 1, MCA.
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IN WITNESS WHEREOF, the Parties hereto have executed this instrument the day and year
indicated below.
CITY OF BOZEMAN
_______________________ Date: __________
Jeff Mihelich, City Manager
HRDC
_______________________ Date: __________
Heather Grenier, President and CEO
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
____________________________Date:
aagagagaagagagagaggagaggggggggggggggggggggger
FY 2020 Grant Agreement – HRDC for Community Warming Center Exhibit A
Exhibit A
Grant Request
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FW: Community Housing Fund Funding Request Application Submission Entry
David Fine <DFine@BOZEMAN.NET>
Fri 2/11/2022 2:08 PM
To: Renata Munfrada <rmunfrada@BOZEMAN.NET>
Renata –
Please use the grant template form to start pu ng this grant together.
David Fine | City of Bozeman Economic Development
C: 406.551.0209 |dfine@bozeman.net | www.bozeman.net | he / him / his
From: webadmin@bozeman.net <webadmin@bozeman.net>
Sent: Thursday, January 6, 2022 3:25 PM
To: sriggs@bozeman.net; Lacie Kloosterhof <LKloosterhof@BOZEMAN.NET>; David Fine <DFine@BOZEMAN.NET>
Subject: Community Housing Fund Funding Request Applica on Submission Entry
A new entry to a form/survey has been submi ed.
Form Name:Community Housing Fund: Funding Request Applica on
Date & Time:01/06/2022 3:24 PM
Response #:8
Submi er ID:47465
IP address:47.47.186.198
Time to complete:49 min. , 2 sec.
Survey Details
Page 1
Community Housing Fund Scoring Sheet
Community Housing Alloca on Process
1.Organiza on Seeking Funding
Organiza on Name HRDC District IX, Inc.
Address 32 South Tracy Avenue
Contact Name Heather Grenier
Contact Phone Number (406) 587-4486 ext. 4891
Contact Email Address hgrenier@thehrdc.org
2.Project Informa on
Project Name Warming Center
Loca on of Project 2015 Wheat Drive
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Project Descrip on
HRDC operates an overnight, seasonal shelter in Bozeman. Recently, HRDC was granted addi onal grant funding from
the State of Montana for Day Center opera ons, allowing the facility to be open during day me hours to offer
showers, laundry, peer support ac vi es, computer access, housing services, etc. This has benefited the Bozeman
community greatly and posi vely impacted the business community. However, the number of people without
housing in the valley has grown exponen ally since the onset of COVID-19. The need for shelter is not limited to the
colder months and has far surpassed a seasonal overnight shelter. HRDC proposes an investment from the City of
Bozeman to extend overnight shelter opera ons from 5 months to 12 months per year. In 2021, Bozeman lost seven
community members due to exposure to the outdoor elements. We can do be er as a community in caring for every
member. While a larger facility and 24/7/365 plan are in the works, this will allow us to at least extend overnight
shelter services throughout the year.
Project Timing April 1 - October 31, 2022
Which Community
Housing Ac on Plan
Strategy/Ac on Item Does
This Project Address?
Permanent suppor ve housing and transi onal housing
# of Affordable Dwelling
Units to be
Generated/Renovated
120
Area Median Income %
Targeted
Shelter guests span all income levels, however are most o en referenced as very low
income, indica ng an income range of 0-30% Area Median Income.
Project Partners (if
applicable)
Not answered
3.Indicate how this project ensures permanent or long term affordability
[×] Other
Please Explain
Shelter services ensure emergency community infrastructure is in place. This expands that community infrastructure
from seasonal to year-round for one season.
Page 2
4.Project Funding (Please a ach budget at the end of the applica on)
Total Project Budget $985,500
5.Primary Project Funding Sources
1.Community Dona ons/Fundraising
$ Amount $561,000
2.State of Montana
$ Amount $125,000
3.EFSP
$ Amount $31,000
Amount Requested From
Community Housing Fund
$241,920
6.Which Project Elements Will Funds Be Used For? (a ach line item budget if needed)
1.Overnight shelter team
$ Amount $241,920
2.Not answered
$ Amount Not answered
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3.Not answered
$ Amount Not answered
7.Type of Funding Requested
(○) Grant
8.If you selected Grant, would you consider a Loan if Grant was not available?
(○) No
9.Would you accept 50% of your requested amount?
(○) Yes
10.Would you accept 25% of your requested amount?
(○) Yes
11.Could the Grant / Loan be split among mul ple years?
(○) No
12.When would the funds requested need to be received in order to op mize the benefit of the funds requested for
the project?
April 1, 2022
13.Have you received community housing funding assistance in the past 5 years?
(○) Yes
Page 3
14.Addi onal Informa on
What is the level of
urgency behind the
funding request?
Cri cal
If Community Housing
Funds are not allocated to
this project, how does
impact the project?
Overnight shelter will remain seasonal in nature, offered November 1 through March 31
annually, con ngent upon funding.
15.Addi onal Documenta on (i.e. Cover le er, budget, project descrip on, le ers of support, etc...)
Copy of 2021-2022 BWC Yr-Round Costs.pdf
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
FY 2020 Grant Agreement – HRDC for Community Warming Center Exhibit B
Exhibit B
Cost of Improvements
BWC Year Round Costs
Scenario 1: No change to staffing costs
Revenue Budget Balance Scenario 1 staffing prelim
Donations ($516,000.00) ($(636.21)
Fundraising Income ($45,000.00)
City of Bozeman ($241,920.00) Source: FE, most recent budget in the drive, staffing cost sheets, staffing prelim.
Other program support ($66,000.00)
State of Montana ($125,000.00)
EFSP ($31,000.00)
Total expected revenue ($1,024,920.00)
Expenses ($414,720.65) $34,560.05 overnight shelter staffing cost/month
Admin/Allocations Costs ($43,248.00)
Salaries ($531,674.77) ($291,413.26) BWC (includes on-call)pulled from prelim. staffing costs Staffing Structure
($81,509.00) DC Program FTE Role
($71,046.37) DIC BWC 2.25 lead $21/hr
($87,706.14) CoB Outreach 3.53 support $20/hr
Fringe ($126,674.92) ($73,307.39) BWC (includes on-call)DC 1 lead
($16,091.05) DC DIC 1 recovery specialist
($12,593.14) DIC 0.5 psh counselor
($24,683.34) CoB Outreach CoB 1 outreach specialist
Construction/Rehab ($40,000.00) 1 ESS HN
Contract Services ($6,000.00) All ESS - mgr 1 ESS mgr
Fundraising Expense ($2,000.00) All ESS - hsg director 0.25 Hsg Dir
Furniture/Fixtures ($40,000.00) total 11.53
Hotel/Motel Vouchers ($10,000.00)
Housing Placemement Support ($12,640.04)
Legal ($400.00)
License+Permit Fees ($200.00)
Outreach & Marketing ($3,000.00)
Prop Insurance ($3,857.00)
Prop Interest ($20,000.00)
Prop Maintenance ($1,800.00)
Prop Rent/repairs ($132,000.00)
Prop Utilities ($28,640.00)
Space/Communications ($2,921.48)
Supplies/equipment/misc.($15,000.00)
Training ($3,000.00)
Travel ($500.00)
Volunteer Recognition ($2,000.00)
Total expenses ($1,025,556.21)
monthly cost ($85,463.02)