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7. Flathead Industries - Interlocal AgreementIncorporated 1892 Planning, Economic & 248 Third Avenue East Community Development Department (406) 758-7740 P.O. Box 1997 MEMORANDUM (406) 758-7739 (office fax) Kalispell, MT 59903-1997 (406) 758-7758 (City Hall fax) DATE: March 10,1995 TO: Larry Gallagher, PECDD Director FROM: Susan Moyer, Housing Manager Planning, Economic and Community Development SUBJECT: Westside Living -- Flathead Industries for the Handicapped, Inc. In 1993 the City Council authorized pursuing $400,000 in Community Development Block Grant (CDBG) funds to leverage with $200,000 of Tax Increment Funds, and a special Multi - Family Pilot Program fund from Montana Board of Housing to create a 9 bedroom group home and 16 units of low income rentals for physically and/or mentally disabled individuals. The entire project was estimated to cost $1,260,000; and because of the City's commitment, the Federal Home Loan Bank of Seattle awarded a $100,000 grant to the project. Due to the lack of site control, the grant was not funded and the project was carried forward into the 1994 fiscal year goals. In 1994, site control was acquired on two lots located within the redevelopment area and close to the new group home on the west side. These lots would allow for the construction of 7 of the anticipated 16 units. During the budgetary process, City Council authorized $100,000 for the acquisition of these two lots and the relocation assistance required for the two families residing there. Additionally, $100,000 was allocated to be used for acquisition and relocation of tenants at a second site to be found for the remaining units. It was anticipated the second site would also be within the redevelopment area. The additional relocation activities would be the match when seeking a $400,000 1994 HOME grant for brick and mortar construction at both sites. The City applied and won the HOME grant in the name of Flathead County. Prior to the ranking of the 1994 HOME grant, a second site outside the redevelopment area was found which would accommodate three duplexes and provide thirteen of the originally intended 16 units. This site was purchased by FIFTH with funds received through the Federal Home Loan Bank of Seattle grant. Due to the fact these lots are outside the redevelopment area, the TIF funding cannot be utilized as originally intended. Therefore, we propose utilizing the $100,000 of TIF funds originally intended for relocation benefits associated with Site 2 for developmental costs on Site 1. That would allow us to utilize $100,000 of HOME grant funds on Site 2 which would have been expended on Site I for brick and mortar construction costs. This is not an additional allocation of funds to the project. It simply is a reallocation of what the TIF funds will be utilized for. We need council approval to begin the acquisition Area as well as approval to enter into the Interlocal of the two lots within the Redeveloprnent Agreement with Flathead County. EGVF.: YO115•.:.V' OPPORTUNITY HOME Management Plan and Interlocal Agreement Between WEST SIDE LIVING APARTMENTS 13-Units for Physically Disabled Individuals or Families This Agreement is made this 20th day of March, 1995, between Flathead County and the City of Kalispell , Montana. Flathead County (Grant Recipient) hereby contracts with the City of Kalispell for the implementation and administration of a HOME grant awarded for the construction of thirteen -units of multi -family rentals for clients of Flathead Head Industries for the Handicapped, Inc. (FIFTH) and other disabled residents of the community. 1. Administrative Structure: S. Flathead County has placed supervision of HOME activities with the Flathead Regional Development Office. This office functions via an interlocal agreement between the three cities of Kalispell, Whitefish and Columbia Falls and Flathead County for the purpose of providing planning and other technical and administrative assistance. 1. FRDO Director - Steve Herbaly, 758-5980, has been given lead responsibility for all HOME related activities and functions associated with the West Side Living project. 2. FRDO ASSISTANT DIRECTOR - Tom Jentz, 758-5980, will be responsible for final approval of drawdown requests and contractor payments for the HOME share of the project. 3. ADMINISTRATIVE SECRETARY - Sandy Mueller, 758-5780, will be responsible for coding all requests for payment and keeping a second set of financial records as part of the local fiscal control. 4. FLATHEAD COUNTY BOOKKEEPING DEPARTMENT - 758-5526 - Sue Haverfield, Clerk and Recorder, Flathead County Courthouse, 800 South Main, Kalispell, will be responsible for maintaining financial records and files. 5. Ms. Susan Moyer, City of Kalispell's Housing Manager, will be designated as Project Manager and will be responsible for policies and procedures, overall administrative management, program management, assisting in the financial management and insuring compliance with applicable Federal and State requirements for the CDBG project. The Project Manager will serve as the liaison with Flathead County and Flathead Industries for the Handicapped, Inc. for the project and will serve as the Labor Standards Officer. (Telephone: A/C 406 758-7743). 6. Mr. Ross Plambeck,'City of Kalispell's Redevelopment Manager, will serve as the Environmental Certifying Officer and as the State Historic Preservation Office Liaison..(Telephone: A/C 406 758-7742). IL Project Management The City's Environmental Certifying Officer/State Historic Preservation Liaison will be responsible for: 1. Preparing the Environmental Review Record (ERR) to assure full compliance with the National and Montana Environmental Policy Acts, completion of the statutory checklist, and any other applicable environmental requirements. The Environmental Certifying Officer will also be responsible for preparing any legal notices required to be published for the ERR process and conducting any required public hearings or informational meetings. 2. Securing State Historic Preservation Office clearance for the housing activity by either district designation or review of plans. 3. Preparing a Request For Release of Funds (RROF) to DOC. B. The Project Manager will be responsible for: 1. Coordinating applicable acquisition, civil rights and labor standards requirements as well as implementing. 2. Developing a contract with DOC and assisting the County with all requirements related to effective project start-up and implementation. 3. Developing and implementing an interlocal Agreement and Management Plan between the County and the City which will contain an Exhibit A outlining the federal and state statues, portions of the HOME regulations, and civil rights and affirmative action provisions that apply to all programs funded with federal moneys. 4. Establishing and maintaining complete and accurate project files and preparing all documentation and reports incidental to administration of the grant. Upon completion of the project, these files will be provided to FRDO for future auditing and retention. 5. Assisting the County with selection of an Architect, in conformance with HOME procurement requirements, including the preparation of requests for proposals for publication or other distribution. 6. Conducting the contractor selection process, including the bid advertising, tabulation and award process for conformance to HOME requirements in cooperation with the Architect. The Project Manager will review the construction contract provisions for HOME compliance and will request DOC clearance of the lowest and second lowest bidders before a contract is awarded. The Project Manager will request Commissioners' approval to award the bid. 7. Weekly time sheets will be maintained by the Project Manager and all other staff involved to document time worked on the HOME project. 8. Processing payment requests and preparing drawdown requests for submission to FRDO, including the Request for Payment and Status of Funds Report and the Project Progress Report. The FRDO Assistant Director will review and approve all payments and drawdown requests to ensure their propriety and proper allocation of expenditures to the HOME budget prior to the forms being submitted to DOC. All drawdown requests will be signed by two of the three following persons: Sue Haverfield, Clerk and Recorder; Steve Herbaly, FRDO Director; and one of the three County Commissioners 9. Providing project status reports to FRDO at the time of grant draw downs and/or workshops. Represent the HOME project at any public meetings, as deemed necessary by the County Commissioners and FRDO Director. 10. Developing in cooperation with FIFTH a marketing strategy for the project to ensure a high level of participation by physically or mentally disabled individuals and households at the 30, 40 and 50% of median income range. This marketing strategy will include but not be limited to newspaper advertisements and articles regarding the project; posters; radio notices; and direct telephone contact with all the local non-profit sponsors of this project which volunteered to be a referral resource. 11. Coordinating services in cooperation with FIFTH with other agencies, such as utility companies, Senior Citizens and the County/State Health and Welfare Departments to achieve maximum impact upon the needs of low and moderate income disabled households in the project complex. 12. Preparing all required performance reports and close-out documents for submittal to FRDO and assist the County with the selection of an independent auditor. C. The Architect will be responsible for: 1. The design and construction of the seven unit apartment complex and three two -bedroom duplex units. 2. Preparing the construction bid package in conformance with applicable HOME requirements. 3. Conducting a PreConstruction. Conference in conjunction with the Project Manager. 4. Supervision of construction work and preparation of inspection reports. 5. Reviewing and approving all contractor requests for payments and submitting the approved requests to the Project Manager for payment. III. Financial Management 1. Financial and project management will be coordinated as all financial and project activity will be funneled through the FRDO staff. The Project Manager will simultaneously provide FRDO approved construction payment requests and completed drawdown requests to achieve reimbursement. 2. The FRDO Assistant Director will review and approve applicable payment requests and drawdown requests and forward to the financial supervisor, Sue Haverfield in bookkeeping for processing. 3. The City will use Tax Increment Funds to acquire the properties and pay relocation cos ' ts incurred at Site. 1. The remaining Tax Increment Funds will pay for site clearance and demolition and developmental costs . These developmental costs will include: Architectural services, sewer and water hookups, plans review fees and building permits as well as alley paving, landscaping, site lighting, sidewalks and parking area paving. The Project Manager, on behalf of the City, will be responsible for this aspect of the project. 4. Following acquisition, the HOME funds will be expended first on the actual brick and mortar construction at Site 1. The remaining HOME funds will then be applied to all developmental costs incurred at Site 2. The HOME funds will remain with the County and disbursement of funds will be through vouchers prepared by the Project Manager. 5. FIFTH will use $23,500 of Federal Home Loan Bank of Seattle's Affordable Housing Program grant funds for brick and mortar construction. Additionally they will arrange for permanent financing for the balance of the brick and mortar construction funds in the amount necessary to complete the construction. 6. The construction financing will be provided by Glacier Bank, and disbursement will be made by payment requests prepared by the Project Manager. Additionally, Glacier Bank will provide the necessary permanent financing to FIFTH. 7. Financial record keeping will be done in conformance with the recommendations of the DOC/Local Government Services Bureau as described in Chapter 4 of the CDBG Administration Manual. The original financial documents (claims with attached supporting material) will be provided by the City to the County and retained in the County's files upon completion of the project. 8. The use of program income received after project close out will be limited to those activities eligible under the HOME program and will be determined at the discretion of the County Commissioners. A specific Program Income Plan will be developed by the Project Manager for approval by the County Commissioners. A project implementation schedule, which outlines the basic steps and timetable involved in the management of the project, is included as an exhibit in the contract with DOC. Bruce Williams, City Manager City of Kalispell Date of Signature Attest: Amy Robertson, Finance Director Howard W. Gipe, Chairman Flathead County Commissioners Date of Signature Flathead County and/or the City of Kalispell will adopt or has adopted the following policies as required by the HOME Grant: 1. The City of Kalispell is responsible for Acquisition, Displacement and Relocation activities due to the funding sources provided by the City through an Affordable Home Program grant from the Federal Home Loan Bank of Seattle and the use of Tax Increment financing for these activities. 2. Flathead County will adopt an Affirmative Marketing Procedure for HOME assisted housing containing five or more housing units. These procedures will be designed to actively provide information and means to attract eligible persons from all racial, ethnic and gender groups who are physically or mentally handicapped for these thirteen units. 3. Flathead County has adopted a Statement of Policy of Nondiscrimination, Equal Opportunity and Affirmative Action. 4. Flathead County will adopt a Policy to Ensure a Drug -Free Workplace. This policy will include an ongoing drug -free awareness program informing employees about: a. the dangers of drug abuse in the workplace; b. the grantee's policy of maintaining a drug -free workplace; C. any available drug counseling, rehabilitation, and employee assistance programs; and d. the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 5. A resolution adopting the federal Hatch Act (5 USC, § 1501 et seq.).