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HomeMy WebLinkAbout81- Downtown Development Association Agreement for US HUD monies for planning Urban renewal district A G R E E M E N T THIS AGREEMENT, made and entered into this day of November, 1981, by and between the CITY OF BOZEMAN, a municipal corporation, hereinafter referred to as the "City," and the DOWNTOWN DEVELOPMENT ASSOCIATION AND/OR ITS CONSULTING SERVICES, hereinafter referred to as "Subcontractor;" WITNESSETH: WHEREAS, the City is carrying out a program to provide an alternative living experience for the adult developmentally disabled and handicapped and for victims of domestic violence and that program is funded by the United States Department of Housing and Urban Development and that said program has the necessary funds to purchase property for the agencies sponsoring the above-mentioned program, and; WHEREAS, the purchase of property for the above- mentioned facilities are priority items in the completion of the Small Cities Grant, and; WHEREAS, it appears that there will be surplus funds from that grant and written approval has been received from HUD dated October 15, 1981, and received by the City on October 23, 1981 permitting provision of those surplus funds in the amount of TEN THOUSAND DOLLARS ($10,000.00) to the Subcontractor, and; WHEREAS, the Subcontractor understands that said funds from the grant shall be used only for planning expenses in the development of an urban renewal district for the re- vitalization of the downtown area of the City of Bozeman, and; WHEREAS, the City has placed two notices in the local paper of largest distribution, the Bozeman Daily Chronicle, announcing its intention to provide grant funds for the Subcontractor in compliance with the Citizen Participation requirements and has provided a comment period closing November 6, 1981 at 5:00 p.m. , and; WHEREAS, the intended use of the funds is consistent with the need to provide benefit for the segment of the population described as low and moderate income by the potential generation of service positions , by addressing conditions of blight and to expand economic opportunity; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed between the parties as follows: 1. A grant of funds in the amount of TEN THOUSAND DOLLARS ($10,000.00) shall be provided the Subcontractor from the Small Cities Grant. If, however, there be a short-fall in the Small Cities Grant to fulfill previous obligations, the Grant to the Subcontractor shall be reduced by an amount equal to the short-fall and thereafter be designated a loan from the City General Fund. Said loan to be repaid to the City of Bozeman from monies generated by the Urban Renewal District. The Subcontractor agrees that it shall use the above-mentioned funds soley for the planning of an Urban Revewal District in the City of Bozeman and said planning funds shall be conducted and spent according to the Sub- contractor's Activity Schedule and Project Budget which is attached to this contract as "Exhibit A" and by reference is hereby incorporated into this contract. The City has prepared and will pass a resolution confirming the affirma- tive vote of the City Commission on October 21, 1981 for the expenditure of said grant funds for the purposes con- tained in the Project Budget and Activity Sechedule. 2. The funds given to the Subcontractor are to be used only for planning expenses as defined by HUD Regulation 570.205, entitled "Eligible Planning and Urban Design Cost," as found in the August 27, 1979 Federal Register, and said regulation is attached as "Exhibit B" to this contract and by reference is in- corporated therein to the contract. All materials generated by the planning project become the property of the City of Bozeman, 3. The Subcontractor is subject to all compliances required by HUD for equal opportunity, employment, pro- curement of materials and any other federal statutes or regulations that are applicable to the Small Cities Grant. Page 2, Any failure of compliance or breach of any regulation shall result in the forfeiture of any funds that were given to the Subcontractor. Any failure resulting in the forfeiture of funds as determined by an audit or monitoring review by HUD will be recovered from the Subcontractor's non-grant funds. 4. All grant expenses shall be processed through the City Manager's Office on the provided City Claim forms. 5. The Subcontractor will keep a cost analysis for review by the City and/or HUD auditor for the funds granted and/or loaned and shall comply with any requests made by the city for review of financial records that are kept on the monies given to the Subcontractor. 6. The Subcontractor shall use the City as a contact if any communication is needed with HUD. 7. The Subcontractor shall direct its contacts with the City to Donald H. Barrick, Assistant City Manager, Amy Swan, Director of Finance, and Barbara S. Avocs , Grant Program Coordinator. 8. The Subcontractor will comply with all statutes , regulations and ordinances applicable to the nature of the work and governing contracted services for the City. 9, The Subcontractor states and understands that it is an independent contractor and that it is not an employee or agent of the City. It further understood that nothing in this Agreement shall be construed so as to make the Subcontractor anything other than an independent contractor. 10. This Agreement may be terminated by the City by notifying the Subcontractor by written notice stating that said Agreement shall terminate ten (10) days after receipt of notice of termination. If the Agreement is terminated because of a breach of the Agreement by the Page 3. Subcontractor, the City shall possess all remedies of breach of contract against the Subcontractor, 11. The Subcontractor will complete the activities for which the funds are provided by the 31st day of December, 1981, and will not delay the close-out of the grant. It is understood by the parties that the grant shall terminate on the 28th day of February, 1982. DATED THIS I M -DAY OF NOVEMBER, 1981. THE CITY OF BOZEMAN ��J HN M. EVANS, CITY _N AGER DOWNTOWN DEVELOPMENT ASSOCIATION D P SID N BY I FITZGERALD, P SID NT TOW LO SS J4 DOWNTOWN DEVELOP NT ASSOCIATION