Loading...
HomeMy WebLinkAbout19- Affordable Housing Grant Agreement - Human Resource Development Council, District IX (HRDC) - Willow Springs BOZ�,� V 9� 0 co. 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 Page 1 of 8 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; Page 2 of 8 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 Page 3 of 8 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 Page 4 of 8 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 Page 5 of 8 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 Page 6 of 8 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 Page 7 of 8 [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