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HomeMy WebLinkAboutResolution 8038 RESOLUTION 8038 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE EXECUTION OF THE CONSULTANT SERVICES AGREEMENT WITH THE GREATER METROPOLITAN HOUSING CORPORATION (GMHC) FOR HOUSING RESOURCE CENTER (HRC) SERVICES IN 2013 WHEREAS, the City of Mounds View desires to continue its association with the Greater Metropolitan Housing Corporation (GMHC) to provide Housing Resource Center services in 2013, WHEREAS,the City has partnered with GMHC to access Housing Resource Center services for Mounds View residents since 2001; and, WHEREAS, the City acknowledges the valuable benefit derived by its residents via the programs offered and managed by the Housing Resource Center; and, WHEREAS, in addition to Housing Resources Center services, GMHC has the experience and ability to provide administration and underwriting services in support of the City's low and no-interest Home Improvement Loan program. NOW, THEREFORE FURTHER BE IT RESOLVED, that the Mounds View City Council does hereby approve the attached Consultant Services Agreement with the Greater Metropolitan Housing Corporation (GMHC) for Housing Resource Center (HRC) services and loan administration and underwriting services in association with the City's Home Improvement Loan pilot program in 2013 and authorize execution of said Agreement by the Mayor and City Administrator. Adopted this 10th day of December, 2012. Joe Flaherty, Mayor ATTEST: CU/VY 2 c i 'L James Ericson, City Administrator (seal) CONSULTANT SERVICES AGREEMENT THIS IS AN AGREEMENT entered into the I day of De U ,20 ly and between the City of Mounds View, a Minnesota municipal corporation ("the City"), and GREATER METROPOLITAN HOUSING CORPORATION, a Minnesota non-profit corporation ("Consultant"). RECITALS A. The Consultant has a division called The Housing Resource Center("HRC"). GMHC has agreed to provide certain Services through HRC(as defined below)in connection with the City's housing program. B. The City desires to hire the Consultant to render this technical, professional, and marketing assistance in connection with housing programs in the City for the term as set forth in this Agreement. C. Consultant is willing to provide such services on the terms and conditions set forth herein. In consideration of the foregoing recitals and following terms, conditions and mutual promises contained herein,the parties agree as follows: 1. Scope of Services. The Consultant shall provide services as follows(the"Services"): a. Administer the following home improvement programs for residents of the City of Mounds View: MHFA Fix Up Fund,the MHFA Rental Rehab Program,the MHFA Rehabilitation Loan Program and the MHFA Emergency and Accessibility Program(collectively the "MHFA Programs") and the Mounds View Home Improvement Loan Program. 1. Providing information to residents and property owners about the programs, upon request; 2. Assist the City in developing procedures for the programs; 3. Receipt of applications from residents; 4. Processing applications; 5. Closing loans to qualified applicants in accordance with the applicable program; 6. Overseeing the draw process for the funds,including,as necessary,reviewing draws, reviewing the progress of the work and collecting lien waivers and certificates of occupancy. Consultant may, for this purpose, rely on third- party representations and certifications. 7. Provide monthly reports about the number of loans closed and the balance in each loan program. b. Service the loans made to City residents under the Mounds View Home Improvement Loan Program: 1. Direct the Community Reinvestment Fund ("CRF") to collect such payments pursuant to a contract dated July 2, 2000 between the Consultant and CRF (the CRF Contract). 2. Direct CRF to take such action pursuant to the CRF Contract if there is an uncured default by a borrower under a loan pursuant to an Installment Loan Program. 3. Receive all payments made by borrower to CRF. 4. Disburse all payments received by Consultant as directed,in writing,by the City, which may include disbursing the funds pursuant to the Mounds View Home Improvement Program. 5. Payment to CRF to service the loans: One-time $15.00 set-up fee per installment loan One-time$25.00 set-up fee per deferred loan Transaction fee per installment loan$6.00 per month c. Assist City residents considering rehabilitation,including property visits,meet with homeowners and potential contractors, suggest alternatives for rehabilitation to homeowners, educate homeowners on the construction bid process, assist homeowners to evaluate bids and work completed and construction progress. d. Provide housing information to City residents,including information on emergency assistance, housing rehabilitation, first time homebuyers and limited rental information; e. Assist the City in developing programs to purchase and rehabilitate homes; f. Coordinate these services out of Consultant's Housing Resource Center, 1170 Lepak Court, Shoreview,MN 55126; and g. Have Consultant's staff visit residences as determined necessary by Consultant. 2. Term. This Agreement shall be in full force and effect from January 1,2013 and shall continue through December 31, 2013,unless otherwise terminated as set forth below. 3. Compensation. a. Core HRC Services: The City shall pay the Consultant Eleven Thousand Dollars ($11,000 within thirty days (30) days after execution of this Agreement. b. Mounds View Home Improvement Loan Program Administration: The City shall pay the Consultant Four Hundred Dollars ($400) for each closed loan. Consultant fees will be charged to the City monthly based on the number of applications processed and closed, withdrawn or denied during the month. The Consultant shall receive compensation for administering the MHFA Programs directly from the Minnesota Housing Finance Agency and not from the City. 4. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties,by mutual written agreement,may terminate this Agreement at any time in which case the parties shall agree to the amount of fees payable to Consultant. b. The City may terminate this Agreement upon the breach by Consultant of any of its material covenants contained herein, where such breach shall have continued for a period of thirty(30)days following the receipt by Consultant of a written notice from the City, specifying the alleged breach; provided, however, if the nature of a non- monetary breach is such that Consultant cannot reasonably cure same in the thirty (30) day period, Consultant shall not be deemed to be in breach if it commences to cure within the thirty (30) day period, and diligently pursues same to completion within ninety(90)days following receipt by Consultant of such written notice.In the event of termination by the City hereunder,Consultant shall be entitled to fees due to the date the notice of breach is sent by the City. c. If Consultant or City (as applicable) (i) files a voluntary petition in bankruptcy (ii) files a voluntary petition for reorganization under any bankruptcy law,statute or regulation or other similar statute or regulation, (iii) is adjudicated a bankrupt, (iv)makes an assignment for the benefit of creditors or applies for or consents to the appointment of a receiver or trustee as part of or in conjunction with a"creditor plan" with respect to any substantial part of its assets, or (v) a receiver or trustee is appointed,or an attachment or execution levied with respect to any substantial part of its assets, and said appointment is not vacated, or the attachment or execution not released,within sixty(60)days,then this Agreement shall,effective as of such date, without notice or further action by either party, immediately terminate. d. Consultant may terminate this Agreement upon the breach by City of any of its material covenants contained herein, where such breach shall have continued for a period of thirty (30) days following the receipt by City of a written notice from Consultant,specifying the alleged breach;provided,however,if the nature of a non- monetary breach is such that City cannot reasonably cure same in the thirty(30)day period, City shall not be deemed to be in breach if it commences to cure within the thirty(30)day period,and diligently pursues same to completion within ninety(90) days following receipt by City of such written notice. In the event of termination by Consultant hereunder. Consultant shall be entitled to retain the entire fee under this Agreement. 5. Insurance. a. During the term of this Agreement,the Consultant shall obtain and maintain workers compensation, comprehensive general liability, and automobile liability insurance. Comprehensive general liability insurance shall have an aggregate limit of Two Million Dollars ($2,000,000.00). b. Upon request by the City,the Consultant shall provide a certificate or certificates of insurance relating to the insurance required. Such insurance secured by the Contractor shall be issued by insurance companies licensed in Minnesota. The insurance specified may be in a policy or policies of insurance,primary or excess. c. Such insurance shall be in force on the date of execution of an Agreement and shall remain continuously in force for the duration of the Agreement. 6. Indemnification. a. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be liable or responsible in any manner to the Consultant,the Consultant's successors or assigns,the Consultant's subcontractors,or to any other person or persons for any third party claim,demand,damage,or cause of action of any kind,nature,or character,including intentional acts,arising out of or by reason of the performance of this Agreement by Consultant. The Consultant,and the Consultant's successors or assigns,agree to protect,defend and save the City,and its officers, agents, and employees, harmless from all third party claims, demands, damages,and causes of action,to the extent caused by the negligence or wrongful acts of Consultant, and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting services, and other technical, administrative or professional assistance. b. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466,or otherwise. 7. Assignment. This Agreement shall not be assigned,sublet,or transferred,in whole or in part without the prior written approval of the City. 8. Conflict of Interest. The Independent Contractor shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict, the Independent Contractor, with the prior written consent of the City, shall arrange for suitable alternative services. 9. Compliance with Laws. The Consultant shall comply with all applicable Federal, State, and local laws, rules, ordinances, and regulations at all times and in the performance of the services pursuant to this Agreement. 10. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail,postage fully prepaid,certified, return receipt requested, addressed to: Consultant: Greater Metropolitan Housing Corporation 15 South 5th Street, Suite 710 Minneapolis, MN 55402 ATTN: Suzanne Snyder City: ATTN: City Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112 With a copy to: Scott J. Riggs Kennedy and Graven, Chartered Suite 470, 200 South Sixth Street Minneapolis, MN 55402 Or such other address as either party may provide to the other by notice given in accordance with this provision. 11. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and the Consultant, and supersedes any other written or oral agreements between the City and the Consultant. This Agreement can only be modified in writing signed by the City and the Consultant. 12. Third Party Rights. The parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 13. Counterparts. This Agreement may be signed in one or more counterparts but all of which taken together shall constitute one instrument. 14. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota,and all parties to this Agreement waive any objection to the jurisdiction of these courts,whether based on convenience or otherwise. 15. Agreement Not Exclusive. The City retains the right to hire other housing program consultants, in the City's sole discretion. 16. Data Practices Act Compliance. Data provided to the Consultant or created by the Consultant under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials,this Agreement on the respective dates indicated below. CITY: CITY OF MOUNDS VIEW By: j'a w r:Joe Flahert;-Mayor Date: , 2012. By: -J CNYYLe.,!3 -1.0><5 James Ericson, City Administrator Date: 1c) ,2012. CONSULTANT: GREATER METROPOLITAN HOUSING CORPORATION By: Its: President Date: , 20 .