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Contract H10-01, HOME Program Page 1 of 9 CFDA NO. 14.239 HOME INVESTMENT PARTNERSHIPS PROGRAM CONTRACT CONTRACT # H-10-01 This Contract is entered into by District XI Human Resource Council, a Montana non-profit corporation (the Grantee) and the City of Missoula, Montana (the City). The Grantee and the City agree to the following terms: 1. PURPOSE The purpose of this Contract is to provide funding for project activities approved by the City under the U.S. Department of Housing and Urban Development (HUD) Home Investment Partnerships Program (HOME). 2. APPLICATION INCORPORATED BY REFERENCE The Grantee’s application for HOME assistance is incorporated into this Contract by this reference and the representations made in the application are binding upon the Grantee. 3. ACCEPTANCE OF HOME PROGRAM REQUIREMENTS The Grantee will comply with all applicable parts of Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended; the applicable Department of Housing and Urban Development (HUD) regulations in 24 CFR Part 92, as now in effect or as they may be amended during the term of this contract; all requirements established by the City; applicable State and federal laws, regulations, administrative directives and procedures; and local ordinances and resolutions. The Grantee expressly agrees to repay to the City any funds advanced to the Grantee under this Contract which the Grantee, its subcontractors or subrecipient entities, or any public or private agent or agency to which it delegates authority to carry out portions of this Contract expends in violation of the terms of this Contract or the federal statutes and regulations governing the HOME Program. ---PAGE BREAK--- Contract H10-01, HOME Program Page 2 of 9 4. EFFECTIVE DATE AND TIME OF PERFORMANCE This Contract takes effect upon execution by the parties or April 1, 2010, whichever is later, and will terminate upon completion of the final project closeout by the City. The activities to be performed by the Grantee will be completed according to the implementation schedule included as Attachment A to this Contract, which by this reference is made a part of this Contract. 5. SCOPE OF ACTIVITIES The Grantee will engage in the activities set forth in the Grantee’s application for HOME grant assistance. The major components of the project include: Will provide financing to at least six first-time homebuyer households whose incomes are at or below 80% of the local median income, as determined by the U.S. Department of Housing and Urban Development (HUD), for the purpose of purchasing residences owned and occupied by those respective households. Will recruit qualifying homebuyers and determine levels of assistance necessary for purchase of homes. Will ensure that first-time homebuyers’ training and counseling is provided to each assisted household prior to sale closing. Will identify sites for new homes in the City of Missoula with a goal of 20 percent (20%) of the total number of households assisted and will provide developers of those sites with parameters for units that will be eligible for purchase by qualifying low-income homebuyers. Will comply with applicable codes, regulations and standards. Will provide reports to the City of Missoula on prescribed forms and including family size, ethnicity, type, and income information for all program participants. 6. BUDGET The total amount of this Contract will not exceed $200,000. A copy of the project budget is included as Attachment B to this Contract, and by this reference is made a part of this Contract and binding upon the Grantee. Budget adjustments must be approved in advance by the City. For adjustments between line items of the HOME portion of Attachment B, in an amount not to exceed $1,000, City approval of the Request for Payment form will constitute approval of the budget adjustment. The Grantee must describe the rationale for a budget adjustment in the Project Progress Report and the adjustments noted in the Request for Payment and Status of Funds Report submitted with draws against the grant funding reserve. Budget adjustments in excess of $1,000 are subject to written City approval. ---PAGE BREAK--- Contract H10-01, HOME Program Page 3 of 9 7. AMOUNT OF GRANT AND METHOD OF PAYMENT The City will pay to the Grantee funds available under this Contract upon approval by the City of the Grantee’s Request for Payment. The City may agree to make advance payments to the Grantee for activities set forth in Section 5. SCOPE OF ACTIVITIES upon satisfactory demonstration of need as presented by the Grantee and approved by the City. In expending funds advanced by the City, the Grantee will limit expenditures to those included in the Request for Payment and expressly approved by the City. The City will reimburse the Grantee for approved, eligible and necessary expenses according to the documentation submitted by the Grantee to support the expenditures. The City will not reimburse the Grantee for any expenses not included in the approved budget or not clearly and accurately supported by the Grantee’s records. Any authorized funds not expended under this grant will revert to the City and will be used to finance other HOME projects. The reimbursement of eligible costs incurred is contingent upon the Grantee’s completion of Section 15. SPECIAL PROJECT START UP CONDITIONS. In the event the Grantee is unable to comply with the terms and the conditions of this Contract, any costs incurred will be the Grantee’s sole responsibility. If the actual total cost of completing the project is less than has been projected by the Grantee in the budget (Attachment the City may, at its discretion, reduce the amount to be provided under this Contract in proportion to the overall savings. If the City determines that the Grantee has failed to satisfactorily carry out its responsibilities under this Contract, the City may revoke the Grantee’s authority to draw against the reservation described in this Contract until the City and the Grantee agree on a plan to remedy the deficiency. The City reserves the right to withdraw a commitment for any HOME funds which remain unobligated 24 months after the date of execution of this Contract. 8. LIAISON The City’s liaison with the Grantee regarding all administrative and technical matters concerning this Contract is: Nancy J. Harte, Grants Administrator III Missoula Office of Planning and Grants 435 Ryman Missoula, MT 59802 (406) 258-4934 The Grantee’s liaison with the City for administrative and technical matters is: Jim Morton, Executive Director District XI Human Resource Council 1801 S. Higgins Missoula, MT 59801 (406) 728-3710 ---PAGE BREAK--- Contract H10-01, HOME Program Page 4 of 9 9. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by any contractor or subcontractor pursuant to this Contract are to be the property of the Grantee and the City which have exclusive and unrestricted authority to release, publish or otherwise use, in whole or in part, information relating thereto. No material produced in whole or part under this Contract may be copyrighted or patented in the United States or in any other country without the City’s prior written approval. 10. ACCESS TO RECORDS AND PROJECT MONITORING The Grantee will maintain adequate and reasonable records of its performance under this Contract and will allow access to these records at any time during normal business hours by the City, the U.S. Department of Housing and Urban Development and the Comptroller General. These records will be kept in the Grantee’s offices in Missoula, Montana. The City or its agents may monitor and inspect all phases and aspects of the Grantee’s performance to determine compliance with the Scope of Work, and other technical and administrative requirements, including the adequacy of the Grantee’s records and accounts. The City will advise the Grantee of any specific areas of concern and provide the Grantee opportunity to propose corrective actions acceptable to the City. 11. PROJECT PROGRESS REPORTING During the term of this contract, the Grantee will submit a Project Progress Report to the City during each quarter for the periods ending June, September, December and March. This report will describe the status of the project with respect to each implementation objective including, at a minimum, the percentage of the project which has been completed, costs incurred, funds remaining and anticipated completion date. The report must also describe any significant problems encountered and any necessary modification of the project scope or implementation schedule that is being requested. The Grantee will submit the Project Progress Report to the City within 15 days of the close of each quarter. The City will not honor claims for payment until the required quarterly report has been submitted to and approved by the City. Project Progress Reports submitted during a quarter in conjunction with a Request for Payment will satisfy the quarterly progress-reporting requirement. 12. EQUAL EMPLOYMENT OPPORTUNITY Any hiring of employees by the Grantee under this Agreement will be on the basis of merit and qualification, and the Grantee will not discriminate against any person on the basis of race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability or national origin. As used herein, "qualifications" means qualifications as are generally related to competent performance of the particular occupational task. ---PAGE BREAK--- Contract H10-01, HOME Program Page 5 of 9 13. AVOIDANCE OF CONFLICT OF INTEREST The Grantee will comply with the provisions of the applicable HUD regulations of 24 CFR 92.356; and with sections 2-2-125, 2-2-201, and 7-5-4109, MCA, (as applicable) regarding the avoidance of conflict of interest. 14. MODIFICATION AND ASSIGNABILITY OF CONTRACT This Contract contains the entire agreement between the parties, and no statements, promises, or induce- ments made by either party, or agents of either party, which are not contained in or authorized by this written Contract, are valid or binding. This Contract may not be enlarged, modified, or altered except upon written agreement, and does not imply any continuing commitment by the City of Missoula beyond the termination date noted in this Contract. The Grantee accepts responsibility for the adherence to the terms of this Contract by subcontractor or subrecipient entities and by public or private agents or agencies to which it delegates authority to carry out portions of this Contract. 15. SPECIAL PROJECT START UP CONDITIONS The Grantee will not obligate or utilize funds for any activities provided for by this Contract until: The City completes an Environmental Review Record, if applicable, and The City issues a Notice of Release of Funds. 16. CONSTRUCTION AND VENUE This Contract will be construed under and governed by the laws of the State of Montana. In the event of litigation concerning it, venue is in the District Court of the Fourth Judicial District in and for the County of Missoula, State of Montana. 17. INDEMNIFICATION The Grantee waives any and all claims and recourse against the City including the right of con- tribution, for loss or damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Grantee’s or any subrecipient’s performance under this Contract. Further, the Grantee will indemnify, hold harmless, and defend the City against any and all claims, demands, damages, costs, expenses, or liability arising out of the Grantee’s or any subrecipient’s performance of this Contract. In the event that the City is named as a codefendant in any action relating to activities to be performed by the Grantee or a subrecipient under this Contract, the Grantee will notify the City of the action and will represent the City in the action unless the City undertakes to represent itself as a codefendant, in which case the City will bear its own litigation costs, expenses, and attorneys’ fees. 18. CONTRACT AMENDMENT The Grantee may request that this contract be amended. However, the City will allow an amendment only if the Grantee clearly demonstrates that the modification is justified and will ---PAGE BREAK--- Contract H10-01, HOME Program Page 6 of 9 enhance the overall impact of the original project. The City will consider each request to determine whether the modification is substantial enough to necessitate reevaluating the project’s original ranking. If warranted, the City will analyze the impact of the proposed modification on the scores assigned the Grantee’s application in the original grant competition. The City will not approve amendments to the scope of work or the budget that will affect high priority activities or improvements that would materially alter the circumstances under which the grant was originally ranked. If the City determines that the proposed amendment represents a substantial change in the project activities proposed in the original application for HOME funds, the City will hold a local public hearing on the amendment with reasonable notice. 19. PROPERTY MANAGEMENT Title to real property or equipment acquired under a grant or subgrant will vest upon acquisition in the Grantee or subgrantee. The Grantee or subgrantee will use, manage, and dispose of this property or equipment in accordance with the requirements set out in 24 CFR Part 85, Subpart C and 24 CFR Part 570, Subpart J. 20. TERMINATION OF CONTRACT This contract may be terminated as follows: Termination and Modification Due to Loss of Funding. If, for any reason, the federal financial resources required by the City to fund the Grantee’s project are withdrawn from the City, the City may unilaterally terminate or modify the terms of this Contract to reflect the loss of funding. If a termination or modification is required, the City will, to the extent permitted by available HOME funds, compensate the Grantee for eligible work elements the Grantee has completed and for actual, necessary and eligible expenses incurred by the Grantee as of the revised termination date. The City will give the Grantee written notice of the effective date of the modification or termination of this Contract and, if a reduction in funding is required, will provide the Grantee with a modified project budget. Termination Due to Noncompliance with Contract Terms. If the City determines that the Grantee has failed to comply with the general terms and conditions of this Contract, the project schedule, or any special conditions, and if upon notification of the defect the Grantee does not remedy the deficiency within a reasonable period to be specified in the notice, the City may terminate this Contract in whole or in part at any time before the date of completion. The City will notify the Grantee in writing of the decision to terminate, the reasons for the termination, and the effective date of the termination. Termination Due to Adverse Environmental Impact. This Contract will terminate at the conclusion of the environmental review process if the Grantee or the City determines that the project would have a significant adverse impact on the quality of the human environment and that this impact cannot be avoided or sufficiently mitigated by reasonable, cost-effective means. ---PAGE BREAK--- Contract H10-01, HOME Program Page 7 of 9 Effect of Termination. In the event of termination due to the Grantee’s failure to comply with the terms of this Contract or the project’s adverse environmental impact, any costs incurred will be the responsibility of the Grantee. However, at its discretion, the City may approve requests by the Grantee for reimbursement of expenses incurred. The City’s decision to authorize payment of these costs or to recover expended HOME funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Grantee to comply with the terms of this Contract and on whether any failure to comply with the terms of this Contract was the result of circumstances beyond the Grantee’s control. IN WITNESS OF THE TERMS SET OUT ABOVE, the parties have executed this Contract. CITY OF MISSOULA BY: DATE: John Engen, Mayor ATTEST: Martha L. Rehbein, CMC City Clerk DISTRICT XI HUMAN RESOURCE COUNCIL BY: DATE: Leon Stalcup, Board President STATE OF MONTANA ) ) County of Missoula ) On this day of 2010, before me a Notary Public for the State of Montana, personally appeared, Leon Stalcup, Board President, District XI Human Resource Council in Montana, and acknowledged to me that he executed the written instrument on behalf of said Business. PRINTED NAME: (NOTARY SEAL) Notary Public for the State of Montana Residing at My Commission expires ---PAGE BREAK--- Contract H10-01, HOME Program Page 8 of 9 ATTACHMENT A: PROJECT IMPLEMENTATION Anticipated Completion ( month / year ) Actual Completion* ( month / year ) Financing Construction Loan Commitment NA Construction Loan Closing NA Low Income Housing Tax Credits NA Grant Commitments (list grants separately) 1. Missoula HOME Program April, 2010 2. HRC November, 2009 3. Permanent Loan Commitment: MBOH Ongoing Permanent Loan Closings Apr.‘10–Feb.‘11 Other Other Project Start-up Site Acquisition NA Zoning NA Infrastructure Available NA Environmental Review Mar.‘10 – Jan.’11 Advertise Architect / Engineer NA Design Completion NA Advertise for Construction Bids NA Construction Bid Award NA Building Permits NA Marketing Mar.’10 - Dec.’10 Other Project Activities Pre-Construction Conference NA Issue Notice to Proceed NA Begin Construction NA Complete Construction NA Final Inspection/Issue Certificate of Occupancy NA Audit Nov. 2010-11 Marketing Mar.’10 - Dec.’10 Prequalification Activities Mar.’10 - Jan.’10 Homebuyer Workshops Mar.’10 - Feb.’10 Rehabilitation NA Rent-up NA Closeout March 2011 Other Homebuyer Assistance Apr.’10 – Feb.’11 *Use Actual date if activity has already occurred. ---PAGE BREAK--- Contract H10-01, HOME Program Page 9 of 9 ATTACHMENT B: BUDGET SOURCES: TOTAL HOME MBOH / Conv HRC Homebuyers BUDGET ADMINISTRATION Personnel Services Supplies Communications Printing/Duplication/Postage Other Administration $14,000 $14,000 TOTAL ADMINISTRATION $14,000 $14,000 LAND/ BLDG./ACQUISITION Land Existing Structure Demolition Homebuyer's Assistance $188,150 $755,340 $943,490 TOTAL LAND/BLDG./ACQ. $188,150 $755,340 $943,490 SITE WORK Other TOTAL SITE WORK CONSTRUCTION AND REHAB Other TOTAL CONST. & REHAB PROFESSIONAL WORK/FEES Architect Design Architect Supervision Loan Processing $9,000 $9,000 Housing Quality Standard $600 $600 Homebuyer Education & $2,250 $2,2250 TOTAL PROF. WORK & FEES $11,850 $11,850 CONSTR. INTERIM FEES Other TOTAL CONST. INTERIM FEES PERMANENT FINANCING FEES Credit Report Discount Points Origination Fees Title and Recording Legal Fees Prepaid MIP Other: Homebuyer Down payment & $29,160 $29,160 TOTAL FINANCING FEES $29,160 $29,160 PROJECT RESERVES Other TOTAL PROJECT RESERVES GRAND TOTAL COSTS $200,000 $755,340 $14,000 $29,160 $998,500