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HomeMy WebLinkAboutResolution 7184RESOLUTION 7184 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 SERVICES IN 2008 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 2008, 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. 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 services in 2008 and authorize its execution by the Mayor and Interim City C l e rk/Ad m i n i strato r. Adopted this 10th day of December, 2007. ~``~~ Rob arty, Mayor ATTEST: ~ s ~ ~.~+~ James Ericson, Interim City Administrator (seal) CONSULTANT SERVICES AGREEMENT THIS IS AN AGREEMENT entered into the day of 200_, by and between the City of Mounds View, a Minnesota municipal corporation (hereinafter "City"), and the Greater Metropolitan Housing Corporation (GMHC), a Minnesota nonprofit corporation (hereinafter "Consultant"). RECITALS A. The Consultant has a division called The Housing Resource Center (hereinafter "HRC"). HRC provides construction management, provides housing program administration and information, coordinates and manages home improvement grant and loan programs, and manages the City's Housing Replacement Program's demolition reimbursement 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: Scope of Services. The Consultant shall provide services as follows: a. Administer home improvement programs for City residents including the MHFA Fix Up Fund, Community Fix Up Fund, the MHFA Rental Rehab program and the MHFA Rehabilitation Loan Program; b. Provide HRC construction management services to City residents including home inspections for homeowners considering rehabilitation, prepare scope of work, educate homeowners on the construction bid process, evaluate bids and work completed to ensure quality and cost-effective renovations, and monitor construction process; c. Provide HRC housing information to City residents including information on emergency assistance, housing rehabilitation, first time homebuyers and limited rental information; d. Assist the City in developing programs to purchase and rehabilitate homes; e. Assist the City in carrying out its Housing Replacement Program; and f. Provide these services out of Consultant's North Metro office, with scheduled visits to City residences when needed and providing staff at City Hall as needed. 2. Term. This Agreement shall be in full force and effect from January 1, 2008 and shall continue through December 31, 2008, unless otherwise agreed upon in writing by the City and the Consultant and with a thirty (30) written notice. 3. Compensation. For services provided under this Agreement, the City shall pay to the Consultant an amount not to exceed eleven thousand dollars ($11,000.00). 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. b. Either party may terminate this Agreement in the event of a breach of the Agreement by the other party, with 30 days written notice. c. The City may terminate this Agreement at any time at its option, for any reason, or no reason at all, with 30 days written notice. d. The City may terminate this Agreement immediately upon Consultant's failure to have in force any insurance required by 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 acceptable to the City and admitted 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. d. The Contractor and its contractors shall secure and maintain the following insurance: Workers' Compensation insurance that meets the statutory obligations with Coverage B-Employers Liability limits of at least $100,000 each accident, $500,000 disease -policy limit and $100,000 disease each employee. ii. Commercial General Liability insurance with limits of at least $500,000 general aggregate, $500,000 products -completed operations, $500,000 personal and advertising injury, $500,000 each occurrence, $50,000 fire damage, and $5, 000 medics! expense any one person. The policy shall be on an "occurrence" basis, shall include contractual liability coverage, and the City shall be named an additional insured. 2 e. Failure of the Contractor to provide the insurance as set forth above shall not constitute a default under this Agreement. However, such failure of the Contractor shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. f. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. g. If the Contractor chooses not to provide the insurance and/or coverage limits described above, the Contractor shall nonetheless defend and indemnify the City from any claims or damages otherwise covered by such insurance. The Contractor shall require any of its subcontractors, if allowable under this Agreement, to comply with these provisions. 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 claim, demand, damage, or cause of action of any kind, nature, or character, including intentional acts, arising out of or by reason of the execution of this Agreement or the performance of this Agreement. 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 such claims, demands, damages, and causes of action of whatsoever nature, including intentional acts, 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. Remedies. a. In the event of a termination of this Agreement by the City because of a breach by the Consultant, the Consultant shall be liable to City for any costs or losses incurred by the City arising out of or related to the breach, including costs incurred in selecting other consultants, attorney fees and the like, less the remaining unpaid balance of the consideration provided in this Agreement. The City may withhold payment of sums due to the Consultant for services performed to the date of termination until the City's costs and losses have been determined, at which time City may offset any such amount due the Consultant against the costs and losses incurred by the City. b. The foregoing remedies provided to the City for breach of this Agreement by the Consultant shall not be exclusive. City shall be entitled to exercise any one or more other legal or equitable remedies available because of the Consultant's breach. c. In the event of breach of this Agreement by the City, the Consultant's remedy shall be limited to termination of this Agreement and payment for services performed to the date of termination. 10. 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. 11. 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: City: ATTN: City Clerk-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. 12. 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. 13. Third Party Rights. The parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 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 4 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 ATTEST: Rob Marty, Mayor Jim Ericson, Interim City Clerk-Administrator Date: , 200_ Date: , 200_ CONSULTANT: Greater Metropolitan Housing Corporation ATTEST: Date: , 200_ 5