Loading...
HomeMy WebLinkAbout22- Grant Agreement - One Valley - Investment in the Regional Housing Coalition FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 1 GRANT AGREEMENT One Valley Community Foundation: Regional Housing Coalition THIS AGREEMENT is made and entered into this ____ day of __________, 20__ 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 One Valley Community Foundation, a nonprofit organization that identifies and addresses the priorities and concerns of the Gallatin Valley located at 1627 W. Main Street, P.O. Box 404, Bozeman, Montana 59715 as 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, One Valley Community Foundation submitted a proposal to the City Commission for a grant of $50,000 to support the initial implementation of the Regional Housing Coalition (the “Project”) that would benefit from the City funding; and WHEREAS, on June 28, 2022, the Commission appropriated $50,000 for the Project. THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to fifty thousand dollars ($50,000) from its Workforce Housing Fund (the “Grant”) pursuant to the payment terms in Section 3. 2. Use of Grant Funds. Grant funds in the amount of up to fifty thousand dollars ($50,000) will be used by GRANTEE for the sole purpose of supporting the initial implementation of the Regional Housing Coalition as described in the proposal submitted by Grantee to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. 3. Payment of Grant Funds Grantee will invoice the City for up to $50,000 to receive payment in full, subject to the terms of this Agreement. 4. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F 22September13 FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 2 and regulations that in any manner may affect Grantee’s performance under this Agreement. b. GRANTEE 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 grant the rights granted in it; 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 GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project. 5. Reports/Accountability/Public Information. For all Grant funds paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid with grant funds. GRANTEE agrees to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE 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 GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE 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. The City recognizes the nature of GRANTEE’S public engagement efforts and for any communication with the public unrelated to the City the GRANTEE is not required to obtain City authorization before the dissemination of statements related to the GRANTEE’s performance under this Grant. Notwithstanding the above, should GRANTEE determine to disseminate communications regarding the City’s decision to award this Grant, GRANTEE must obtain the City’s prior approval of such communication. 6. Independent Contractor Status. The parties agree that GRANTEE, 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. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 3 not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 7. Default and Termination. If 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 default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 8. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE 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 GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE 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 GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 9. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be David Fine, Economic Development Program Manager, 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, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 4 b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Bridget Wilkinson or such other individual as GRANTEE shall designate in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication shall be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 10. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE 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, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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). GRANTEE’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 GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’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 GRANTEE 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. GRANTEE 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 DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 5 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, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE 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 GRANTEE 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 or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 11. 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, DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 6 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. 12. 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. 13. 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. 14. 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. DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 7 15. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 16. 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 or entity. 17. 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. 18. 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. 19. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 20. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Jeff Mihelich, City Manager City of Bozeman _______________________ Date: __________ Bridget Wilkinson, President & CEO One Valley Community Foundation DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F 9/14/2022 9/15/2022 FY 2022 Grant Agreement – One Valley Regional Housing Coalition Page 8 GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F 9/20/2022 FY 2022 Grant Agreement – One Valley Regional Housing Coalition Exhibit A Exhibit A Grant Proposal DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F March 18, 2022 To the City of Bozeman Administration and Commission, The One Valley Community Foundation respectfully requests that a $50,000 investment in the Regional Housing Coalition be included in the City Manager’s FY23 Recommended Budget to the Bozeman City Commission. The Regional Housing Coalition (RHC) is being created as long-term infrastructure that will inform citizens, organize partners and resources, and catalyze action to address our region’s housing needs. The RHC will be an ongoing project of the One Valley Community Foundation, convening diverse partners to coordinate and activate solutions to housing affordability and availability needs in Gallatin County. A Regional Approach The One Valley Community Foundation connects people who care with causes that matter. We do this by engaging and listening to community partners and individuals, and by acting as an even-handed convenor of diverse public and private partners to engage in local solution making. We lead from behind – or out front when it best serves our community. Housing is a regional problem that requires regional solutions. The City of Bozeman, nonprofits, employers, philanthropists, and many other community partners are marshaling resources to address housing needs in our County. One Valley Community Foundation has intentionally crafted its Regional Housing Initiatives to support those efforts by acting as a convenor and connection point for engaging in collaborative housing strategies. Additionally, we can support these strategies by acting as a conduit for communication and education that crosses sectors and silos. We believe that in order to influence escalating affordability issues, we need both shovels in the ground building homes and the RHC to address upstream issues like wages, childcare, and conflicting policies. DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F The Regional Housing Coalition The coordination of partners, funding, and solutions does not exist right now. This creates the opportunity for One Valley Community Foundation to do what it does well: marshal resources, convene partners, and provide accountability and structure for collective action. We invite the City of Bozeman to continue partnering with One Valley Community Foundation in addressing increasingly critical regional housing needs by supporting the implementation of the Regional Housing Coalition with a budget appropriation for FY23, as well as the dedication of staff and Commissioner participation. A preliminary implementation plan, project description, and expected outcomes of the RHC tied to the City of Bozeman’s Strategic Plan are further described in this request. In gratitude, Bridget Wilkinson, President and CEO One Valley Community Foundation DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F Regional Housing Coalition Project Description: One Valley Community Foundation will form and convene the Regional Housing Coalition (RHC), a collaboration among diverse public and private partners in Gallatin County that will identify shared priorities and implement actionable solutions to address housing needs. Our Regional Housing Coalition will be structured using the proven Collective Impact framework and informed by lessons learned by the Tahoe-Truckee Community Foundation’s Mountain Housing Council. Established partnerships during the development stages of the project will evolve into formalized partners of the RHC. Individual thought partners, HRDC IX, the City of Bozeman, Future West, Headwaters Community Housing Trust, Gallatin County, and individual employers and professionals from the private housing industry have all contributed to developing the RHC. We look forward to ongoing and effective partnerships with those and other organizations after implementation. The RHC will be civic infrastructure built upon a foundation of robust community engagement, data collection, research, and partner investment and input. Its objectives include: 1. Public Education: To report on housing and other community data in addition to sharing updates on solution making in layman terms and through storytelling to inform and activate the public and foster engagement. 2. Contribute to Decision-making: To use publicly available and original data to assess evolving housing needs throughout Gallatin County’s population and geography and identify and act on a portfolio of vetted strategies that inform local and state government policy. 3. Coordination and Cooperation: The RHC serves as a forum for agencies, organizations and interests to increase partnerships and amplify communication and sharing of resources to catalyze projects and results. 4. Accountability: The RHC holds partners accountable to contribute to and measure progress on identified goals by tracking metrics on a public dashboard. One Valley will ensure RHC members create a common agenda, create measurable impact objectives, coordinate mutually reinforcing activities, provide continuous communication, and will lead from behind by creating accountability as the backbone support organization. DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F 5. Attract Capital: Attract capital to support a regional funding source(s) for housing education and programming, as well as affordable home preservation and development. 6. Advocate: The RHC will advocate for policies and programs that support the goals identified by the RHC and the strategies employed to reach those goals. The common agenda of the RHC will be agreed upon by its membership. A place to start may be: •To align housing costs and availability with wages & job locations in Gallatin County. •To create a Regional Housing Strategy for Gallatin County. •To increase funding sources for local housing solutions. The Intended Outcomes of the RHC are described here, although outcomes and related impacts are determined by RHC membership, so this list will evolve with the agreed-upon priorities and actions of the RHC. Short term – Year 1: •Identify and convene public and private partners {An Engaged Community 1.2 Community Engagement, 1.3 Public Agencies Collaboration, 1.4 Business and Institutional Partnerships} •Provide targeted convening opportunities for local government staff and officials, nonprofit housing partners, and members of the private housing industry {1.3 Public Agencies Collaboration, 1.4 Business and Institutional Partnerships} •Partners identify shared priorities, goals, and metrics •Prepare for the next legislative session {1.3.f Public Agencies Collaboration} •Pair housing needs with Solution Strategies, and action steps. Assign steps. •Map existing or planned regional housing projects/initiatives. •Identify efficiencies, shared resources, and collaborations that could expedite or improve housing projects/initiatives. •Create a fund to support housing projects. DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F •Develop an affordable housing strategy/agenda and implementation plans, including a policy platform. {1.3 Public Agencies Collaboration, A Well-Planned City 4.1 Informed Conversation on Growth, 4.3.f Prepare for MPO, 4.5 Housing and Transportation Choices} •Research and develop white papers/policy recommendations based on real-world data. [A Well-Planned City 4.1 Informed Conversation on Growth, 4.5 Housing and Transportation Choices} •Educate the public to increase community understanding of and support for effective policy, increase philanthropic dollars and decrease hopelessness knowing that the wheels are moving. {An Engaged Community 1.2 Community Engagement} •Shift the conversation on what “affordable” means. {An Engaged Community 1.2 Community Engagement, 3.3 Anticipate, celebrate, and incorporate an increasingly diverse population} •Raise and/or create access to $X for housing solutions. {4.5 Housing and Transportation Choices} Long term – years 5-10 •Change X policy to ensure tax revenues for housing development {1.3.f Public Agencies Collaboration} •Help in the development of X affordable/achievable housing units {1.3 Public Agencies Collaboration, A Well-Planned City 4.1 Informed Conversation on Growth, 4.3.f Prepare for MPO, 4.5 Housing and Transportation Choices} •Help push for another X affordable/achievable housing units {1.3 Public Agencies Collaboration, A Well-Planned City 4.1 Informed Conversation on Growth, 4.3.f Prepare for MPO, 4.5 Housing and Transportation Choices} •See positive changes in indicators tied to workforce housing and quality of life {A Safe, Welcoming Community 3.2 Health and Safety Action, 3.3 Friendly Community Measurable indicators will be tied to the prioritized Strategies and Action Steps that the RHC membership identifies. Examples of indicators can include: •# of units for local workforce created, preserved, and converted from STR to long-term rental units. •Alignment of and new financial capital available for local housing •Community Engagement in accelerating solutions Medium term – years 2-5 : DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F •Implementation of an innovative regional policy agenda (County – Housing Strategy) Budget and timeline: The RHC final planning phase will begin in June 2022 and continue through the initial meeting of the coalition. The first meeting of the Regional Housing Coalition is expected to take place in the fourth quarter of 2022, and quarterly after that. Interim meetings of subcommittees and research teams will meet as scheduled between quarterly convenings of the RHC. One Valley has submitted a Planning Grant proposal to the Montana Healthcare Foundation to defray staff and some limited consultant hours to move the RHC from its final stages of development in Q1 and Q2 of FY23, and into its implementation in Q2 of FY23 and beyond. The appropriation from this Budget Request would serve as the City of Bozeman’s investment in the initial implementation of the Regional Housing Coalition as key members of that decision-making body. Similar (scaled) budget requests are being made of Gallatin County and the other incorporated communities in Gallatin County. These requests are submitted now according to local government budgeting processes and timelines. Grant applications and other funding requests will be made of private partners and foundations later this calendar year. Once in operation, partners will include RHC members representative of diverse sectors of our community and population. Although formal agreements have not yet been signed, local government representation, large and small employers, nonprofit housing partners, and workers, parents, young professionals, older adults, people of color, cost-burdened households, and others will be invited to the table. Some partners will contribute to the RHC by investing financial resources to the operations of the coalition and its work, and others will contribute staff time, social and/or political capital, in-kind donations such as communications work or expertise. The Regional Housing Coalition aligns with many of the Vision Statements in the City of Bozeman’s Strategic plan, addressing head-on many of the objectives DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F listed under An Engaged Community, A Safe, Welcoming Community, and A Well-Planned City. Of the Prioritized Work listed in the Strategic plan, the RHC and its ongoing impact will address elements of Community Outreach, Affordable Housing, and Planning and Land Use Initiatives – the top three priorities. Not only is the City of Bozeman Strategic Plan fulfilled in part by investing financial and human capital in the RHC, but the City of Bozeman’s leadership and influence are also valuable contributions to the positive outcomes of this regional coalition. Please consider making this initial financial investment for FY23, as well as the invaluable contribution of staff and Commission time, wisdom, and political capital. DocuSign Envelope ID: FC425304-B31D-4097-B371-1DB95856325F