HomeMy WebLinkAboutH.4 ProHousing_2_Planning_Subaward_Agreement_-_Bozeman1
AGREEMENT FOR PRO HOUSING 2 GRANT AWARD
THIS AGREEMENT is made and entered into by and between the MONTANA LEAGUE OF CITIES AND TOWNS, a 501(c)(4) non-profit association located at 700 West Custer Avenue, Helena, MT 59602, hereinafter referred to as “League,” and the City of Bozeman a municipal corporation located at 121 N Rouse Ave. Bozeman, MT 59715, hereinafter referred to as “Subrecipient,” collectively referred to as “Parties”.
1. Background and Purpose The League is the pass-through entity for Pathways to Removing Obstacles to Housing 2 (PRO Housing 2) funds awarded by the U.S. Department of Housing and Urban Development (HUD) to the Montana Department of Commerce (“Commerce”). PRO Housing 2 is a federal planning initiative intended to reduce barriers to housing production and preservation through regulatory reform, modernization of planning practices, and policy development. The League submitted the application for PRO Housing 2 funds on behalf of ten cities subject to the Montana Land Use and Planning Act (“MLUPA”) and one additional city that voluntary voted to come into compliance with MLUPA. The Subrecipient was identified, described, and evaluated as part of the original PRO Housing 2 application submitted to and approved by HUD. The League is operating as a pass-through entity to subrecipients identified in the PRO Housing 2 application and will not conduct an open competitive subgrant process. In fulfillment of its responsibilities under 2 CFR Part 200 and the PRO Housing Notice of Funding Opportunity, the League shall conduct a documented pre-contractual determination and ongoing monitoring process to confirm that the Subrecipient’s activities remain consistent with the HUD-approved application, applicable federal and state requirements, and the goals of the PRO Housing program. Such determinations shall be documented for the Subrecipient. This Agreement shall be administered in accordance with the MLCT PRO Housing 2 Administration Manual, as may be amended from time to time. The Subrecipient agrees to comply with the requirements set forth in that Manual as a condition of receiving funds under this Agreement.
2. Federal Award Information Federal Program Name: PRO Housing 2 (Planning) Federal Agency: U.S. Department of Housing and Urban Development (HUD) Assistance Listing Number: 14.023
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Federal Award Identification Number (FAIN): B-24-PH-30-0001 Federal Award Date: 01/14/2025 Total Federal Award (to League): $4,930,000 Amount Sub awarded to Subrecipient: $313,016.00 Period of Performance: January 22, 2025 through May 31, 2027 The Subrecipient certifies it maintains a valid UEI and active SAM registration.
3. Term This Agreement is effective for the period January 22, 2025, through May 31, 2027. All activities and costs eligible for reimbursement with PRO Housing 2 funds must occur within this period.
4. Scope of Work The Subrecipient shall carry out planning activities consistent with the HUD-approved PRO Housing 2 application; however no construction activities are authorized or will be reimbursed by PRO Housing 2 grant funds. Allowable activities may include any of the below authorized under the PRO Housing 2 Program: • Finalizing land use plans and maps; • Collecting data, including housing needs projections, and analyzing impacts of proposed development patterns on local services and facilities, the economy, natural resources, the environment, and any hazards to development; • Providing public participation and comment on those impacts and necessary mitigation; • Implementing land use plans through adoption of zoning ordinances and subdivision regulations. The Subrecipient has identified draft work items as activities and constitute a maximum scope of deliverables eligible to be completed and submitted for reimbursement with PRO Housing 2 grant funds include:
Use of Funds – As stated in the PRO Housing Application Identified work items – Maximum deliverables to be provided by the City- Update its land use plan, including an update to its master utilities plan, finish updates to its zoning codes, and complete the updates to its subdivision regulations necessary to comply with MLUPA.
1. Land Use Plan update 2. Master Utilities Plan 3. Zoning Codes update 4. Subdivision Regulations update
1. Copy of Land Use Plan 2. Copy of Master Utilities Plan 3. Copy of zoning updates 4. Copy of subdivision regulation updates
5. Program Alignment and Vision HUD awarded funds based on proposed planning activities. The League confirms continued alignment rather than re-evaluating eligibility. The Subrecipient shall ensure all its activities and deliverables completed under this PRO Housing 2 Program:
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• Occur within its jurisdiction; • Align with PRO Housing 2 strategies and housing supply goals; • Address identified housing-related barriers; • Support durable regulatory or policy reforms; • Include documented stakeholder engagement; • Demonstrate sufficient administrative and staffing capacity. League review confirms alignment but does not constitute re-approval.
6. Compliance with Laws The Parties agree to comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, including but not limited to: • 2 CFR Part 200, including the Federal Requirements for Pass-Through Entities and Subrecipients • Fair Housing Act • The Civil Rights Act of 1964 • Section 504 of the Rehabilitation Act of 1973 • Age Discrimination Act of 1975 • Americans with Disabilities Act of 1990 • The Affordable Care Act, • Montana Human Rights Act • Montana Workers’ Compensation Act • The Clean Air Act (42 U.S.C. 7401-7671q) • The Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) • HUD PRO Housing 2 Notice of Funding Opportunity • Montana Community Development Block Grant Administration Manual • Applicable state and federal auditing and accounting statutes. Federal compliance does not supersede state or local requirements.
7. AFFH Certification The Subrecipient certifies that planning activities are conducted consistent with federal civil rights laws and the Fair Housing Act and that resulting recommendations do not create discriminatory or exclusionary housing barriers.
8. Risk Assessment and Monitoring The League conducted a documented risk assessment consistent with 2 CFR 200.332. Monitoring may include review of deliverables, reimbursement documentation, procurement documentation, and progress updates. The Subrecipient agrees to cooperate fully. Upon request, the League agrees to provide a copy of the risk assessment and continued monitoring activities to the Subrecipient.
9. Reimbursement Funds are distributed on an actual cost reimbursement basis. The Subrecipient must submit:
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• Local Government Request for Reimbursement and Project Progress Report • Allowable costs and invoicing documentation • Procurement documentation and related PRO Housing 2 agreements • Deliverables • Other related documentation required under this agreement Indirect costs are not permitted. Monthly status updates are required on a calendar year basis if no reimbursement is requested during any calendar year quarter.
10. Procurement The Subrecipient shall comply with 2 CFR 200.318–327 and applicable Montana and local procurement laws.
11. Financial Management The Subrecipient shall maintain GAAP-compliant accounting, comply with applicable requirements of 2 CFR Part 200, and comply with Montana local government accounting requirements. Commerce or any other legally authorized governmental entity or their authorized agents may, at any time during or after the term of this Agreement, conduct, in accordance with §§ 2-7-503, 5-13-304, and 18-1-118, MCA and other authorities, audits for the purposes of ensuring the appropriate administration, expenditure of the monies, and delivery of services provided through this MOU. The Parties must provide records and copies of records at no cost to Commerce.
12. Audit Authority The League, Commerce, HUD, the Montana Legislative Auditor, or other authorized governmental entities may at any time during or after the term of this subaward, conduct, in accordance with §§ 2-7-503, 5-13-304, and 18-1-118, MCA and other authorities, audits for the purposes of ensuring the appropriate administration, expenditure of the monies, and delivery of services provided through this subaward. The Subrecipient shall cooperate and provide access to records and copies of records at no cost to the League or the State pursuant to state law.
13. Access to and Retention of Records The Subrecipient agrees, subject to the provisions of state law, to provide the League, Commerce, the Montana Legislative Auditor, or their authorized agents, access to any records related to the Project or otherwise necessary to determine contract compliance, at no cost to the League, Commerce, the Montana Legislative Auditor, or their authorized agents. The League may terminate this Agreement, without incurring liability, for the Subrecipient’s refusal to allow access as required by this section. The Subrecipient agrees to create and retain records supporting the services rendered during this Agreement for a period of six (6) years after either termination of the Agreement or the conclusion of any
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claim, litigation, or exception relating to the Agreement taken by the League, Commerce, State of Montana, or third party, whichever is later. These records will be kept in the Subrecipient’s offices.
14. Conflict of Interest and Mandatory Disclosures The Subrecipient shall maintain written conflict-of-interest policies, disclose potential conflicts, and disclose violations of federal criminal law involving fraud or bribery in accordance with 2 CFR 200.113.
15. Amendment All amendments, extensions, alterations, or deviations to this Agreement must be in writing and executed by the Parties to this Agreement prior to the completion of any activities authorized in the Agreement.
16. Nondiscrimination Against Firearm Entities The Subrecipient shall not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and Subrecipient shall not discriminate during the term of the contract against a firearm entity or firearm trade association. This section shall be construed in accordance with HB 356, Ch. 193, Mont. L. 2023.
17. Insurance The Subrecipient shall, at its sole cost and expense, maintain general liability and, if applicable, professional liability coverage with combined single limits for each wrongful act of $1,000,000 per occurrence and $2,000,000 aggregate per year or as established by statutory tort limits of $750,000 per claim and $1,500,000 per occurrence as provided by a self-insurance pool insuring counties, cities, or towns, as authorized under § 2-9-211, MCA.
18. Hold Harmless and Indemnification To the fullest extent permitted by law, the Subrecipient shall indemnify and hold harmless the League, its agents, directors, and employees from and against all claims, damages, losses and expenses, including the cost of defense thereof, to the extent caused by or arising out of Subrecipient’s negligent acts, errors, or omissions in work or services performed under this Agreement.
19. Force Majeure Neither party shall be liable for delay due to a Force Majeure event. “Force Majeure Event” means an event or circumstance beyond a party’s reasonable control, such as natural catastrophes and acts of terrorism or war, and the consequences of that event or circumstance. Force Majeure Events do not include labor unrest, price increases, or changes in general economic conditions. If such event continues for 30 days, either party may suspend or terminate performance or payment while the event continues.
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20. Remedies If noncompliance is identified, the League must inform the Subrecipient within 30 days of the noncompliance and allow reasonable time for the Subrecipient to take corrective action. If the Subrecipient fails to remedy their noncompliance, the League may withhold reimbursement, disallow costs, issue stop-work directives, or terminate this Agreement following a written notice to the Subrecipient of its intent to do so. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates stated below. FOR THE Montana League of Cities and Towns Signature: __________________________ Jennifer Olson, Executive Director Date: __________________________ FOR THE City of Bozeman Signature: __________________________ Name/Title: __________________________ Date: __________________________
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8/27/2026
8/27/2026
Chuck Winn City Manager