Loading...
HomeMy WebLinkAboutRES 17-020 APPROVING THE 2017 CONTRACT WITH GREATER METROPOLITAN HOUSING CORPORATIONCITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 17 -020 A RESOLUTION APPROVING THE 2017 CONTRACT WITH GREATER METROPOLITAN HOUSING CORPORATION (GMHC) WHEREAS, the City of Saint Anthony Village agrees to contract with Greater Metropolitan Housing Corporation (GMHC) for the implementation of housing programs for Saint Anthony Residents; and WHEREAS, the housing programs will be provided to the residents of Saint Anthony Village through the Housing Resource Center – Northeast; and WHEREAS, the housing programs provided by GMHC allow for a variety of affordable and life -cycle housing for the residents of Saint Anthony Village; and WHEREAS, the housing programs provided by the GMHC also assists the City in its goal of quality housing, thereby providing opportunities for home ownership; and WHEREAS, the City of Saint Anthony agrees to contribute to the Housing Resource Center – Northeast Community Reinvestment Fund to benefit the residents of the City of Saint Anthony Village. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Saint Anthony Village hereby approves the contract with Greater Metropolitan Housing Corporation and an administrative fee of $12,500 for 2017 with that said funding to come from the HRA General Fund. Adopted this 24`h day of Jar , 2017. C� z( Jerome O. Faust, Mayor ATTEST: Nic le Miller, City Clerk Review for Administration: I& cm - Mark Casey, City Manager CONSULTANT SERVICES AGREEMENT THIS IS AN AGREEMENT entered into the day of , 20, by and between the City of Saint Anthony Village, 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. S_ cope of Services. The Consultant shall provide services as follows (the "Services "): a. Administer the following home improvement programs for residents of the City of St. Anthony Village: MHFA Fix -up Fund Saint Anthony Village Rebate Incentive Program and Saint Anthony Village Revolving Loan Program. Each Saint Anthony Village program fund shall be maintained separately. Program income from the Revolving Loan Fund shall be held and is not available for use without prior approval of the City Council: 1. Providing information to residents and property owners about the programs, upon request; assisting the City in marketing programs through various mediums; 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; Po.us.3166730.04 1 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. 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. C. Provide housing information to City residents, including information on emergency assistance, housing rehabilitation, first time homebuyers, limited rental information; and the Aging in Place demonstration project; d. Assist the City in developing programs to purchase and rehabilitate homes; e. Coordinate these services out of Consultant's Minneapolis office; and f. Have Consultant's staff visit residences as determined necessary by Consultant. 2. Term. This Agreement shall be in fall force and effect from January 1, 2017 and shall continue through December 31, 2017, unless otherwise terminated as set forth below. 3. Compensation. For services provided under this Agreement, the City shall pay to the Consultant Twelve Thousand Five Hundred Dollars ($12,500.00) annually. Following execution of this Agreement, GMHC will invoice the City $1,041.67. monthly. 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 with 30 days written notice, 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 fb.us.3166730.04 2 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 fb.us.3166730.04 3 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. C_ ompliance 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 5`s Street, Suite 710 Minneapolis, MN 55402 ATTN: Suzanne Snyder City: City of Saint. Anthony Village 3301 Silver Lake Road Saint Anthony, MN 55418 -1699 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 tb.us.3166730.04 4 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. [Signature Page Follows] tb.us.3166730.04 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 SAINT ANTHONY /VILLAGE By. — Its: Mayor Date: 16160 w II1f7. ►l GREATER METROPOLITAN HOUSING CORPORATION 0 Its: President Date: 20 . tb.us.3166730.04