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F3. CAP Memorandum of Understanding - Land TrustCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Doug Russell, City Manager-z FROM: Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Motion to Approve Memorandum of Understanding with Community Action Partnership to Extend Existing MOU Regarding the Administration of the Community Land Trust MEETING DATE: January 19, 2016 — Regular Council Meeting BACKGROUND: On July 26, 2009 the City entered into a Memorandum of Understanding with the Community Action Partnership regarding the administration of grant funds used to establish the Northwest Community Land Trust. That MOU was extended on May 17, 2011 as more grant funds became available. The MOU currently before the Council provides a further extension for an additional term to allow for application for additional grant funds and to administer the program, as required by the terms of the grant, "for up to twenty years from the date the City's NSP program is completed." The City is not committing to provide any further funds to the program through this agreement but may cooperate with any grant applications for funds available through the NSP program. When such grant application comes forward, the City Council will then have the opportunity to examine the grant requirements and make its determination at that time. RECOMMENDATION: It is recommended that the Council move to approve the execution of the MOU. ALTERNATIVES: The Council may offer recommendations to amend the agreement. SECOND EXTENSION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN COMMUNITY ACTION PARTNERSHIP OF NORTHWEST MONTANA AND CITY OF KALISPELL WHEREAS, the City of Kalispell ("the City") and Northwest Montana Human Resources, Inc. d/b/a Community Action Partnership of Northwest Montana ("CAP") entered into a Memorandum of Understanding dated July 26, 2009, for the purpose of establishing the Northwest Community Land Trust, Inc. ("CLT"); the City's application for Neighborhood Stabilization Program ("NSP") funds; and CAP's administration of said funds; and WHEREAS, said funds were received and are being administered by CAP through the CLT; and WHEREAS, the City and CAP are in compliance with their obligations under the MOU; and WHEREAS, the terms of the MOU provides that it would expire on June 30, 2011; and WHEREAS, on May 17, 2011, the City and CAP entered into a written agreement ("the Extension") extending the MOU to March 30, 2014; and WHEREAS, the Extension also provided for the City's application for the third phase of the Neighborhood Stabilization Program ("NSP3") hinds and CAP's administration of said fiinds for the benefit of the CLT; and WHEREAS, said NSP3 funds were received and are being administered by CAP through the CLT; and WHEREAS, the City and CAP are in compliance with their obligations under the MOU and the Extension; and WHEREAS, the City and CAP desire to further extend the MOU. NOW, THEREFORE, the City and CAP agree as follows: I. The MOU is hereby extended for an additional term expiring five (5) years after the Period of Affordability as defined by the NSP program, which may be up to twenty (20) years from the date the City's NSP program is completed. 2. The MOU cannot be assigned without the prior written consent of the City, CAP and the Montana Department of Commerce. DATED this _ day of , 201 NORTHWEST MONTANA HUMAN RESOURCES, INC. DB/A COMMUNITY ACTION PARTNERSHIP OF NORTHWEST MONTANA By:ucac- , Tracy Naz Its: Executive Director THE CITY OF KALISPELL Doug Russell Its: City Manager Thomas T. Tornow, P.C., A a 309 Wisconsin Avenue, Whitefish, MT 59937 Telephone: (406) 862-7450 Facsimile: (406) 862-7451 Website: www.tornowlaw.com Thomas T. Tornow, Attorney tom6E�tornowlaw.com Sue A. Brown, Office Administrator sue _ tornowlaw.com January 7, 2016 Katherine Thompson Community Development Manager 201 First Avenue East Kalispell, MT 59901 Dear Ms. Thompson: Katherine C. Troiano, Paralegal katherineCa-tornowlaw com Nicole A. Sliwoski, Legal Assistant assistant cDtornowiaw.com Enclosed please find two original Second Extensions of the Memorandum of Understanding Between Community Action Partnership of Northwest Montana and City of Kalispell with our client's signature. We would greatly appreciate it if you would please put the matter on the council's agenda and let us know what their decision is. If you would like a representative from Community Action Partnership of Northwest Montana to be present at the meeting, please let us know. Sinc TH( By: Enclosures RECEIVED MEMORANDUM OF UNDERSTANDING JUN i B BETWEEN THE I CommanttyMMWM""hlp COMMUNITY ACTION PARTNERSHIP OF NORTHWEST MONTANA AND THE CITY OF KALISPELL, MONTANA This Memorandum of Understanding ("MOU") is entered into by and between the COMMUNITY ACTION PARTNERSHIP OF NORTHWEST MONTANA, ("CAP"), and the City of Kalispell, Montana ("The City") for the purpose of assisting The City with their Community Development Block Grant (CDBG) application for Neighborhood Stabilization Program (NSP) funds and to establish a Northwest Montana Community Land Trust (CLT). CAP will administer the NSP and the CLT. Accordingly, CAP and The City do hereby agree as follows: 1. TERM This MOU is effective July 1, 2009 and shall continue until June 30, 2011. 2. PURPOSE CAP will assist The City in the application by assigning the Housing Director and Grant - Writers (herein after called "Staff") the development, writing and management functions for both NSP and ultimately CLT. (see Attachment A) 3. CITY RESPONSIBILITIES The City will provide any and all support necessary to supplement the CAP staff working on the CDBG NSP application and the formation of the Northwest Montana CLT. The City agrees to provide CAP with the data and other information CAP needs to fulfill the grant requirements of the funder. The City's reporting requirements are subject to the confidentiality limitations contained in this MOU. The City will provide $18,000 to CAP to help fund the aforementioned activities. The City will provide payment to CAP within 30 days of the date of the following benchmarks: 1. At submission of NSP application to MDOC - $9,000 due to CAP 2. At submission of CLT formative documents to State-$9,000 due to CAP 4. CAP RESPONSIBILITIES CAP will provide the services regarding NSP and CLT detailed in Attachment A. CAP will provide secure, confidential working space for the grant -writing and CLT staff for the term of this MOU. CAP will provide $24,000 plus in -kind, soft -costs to help fund the aforementioned activities. CAP will meet at least quarterly with The City to discuss the progress and any issues regarding this MOU. 5. PROVISION OF SERVICES CAP will maintain total and complete control over CAP's operation and the services provided by the CAP staff. 6. EMPLOYMENT STATUS It is agreed that the CAP staff are employees of CAP and not part of The City staff. This MOU is by and between CAP and The City and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between CAP and The City or its staff. The City shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, federal, state, or local taxes or other compensation, benefits, or taxes for the CAP staff. 7. INDEMNIFICATION CAP agrees to indemnify, defend, and hold harmless The City, and its employees and agents, from and against any and all liability, including but not limited to defense costs and reasonable attorney's fees, arising from or connected with claims, lawsuits for damages, and/or Worker's Compensation benefits relating to CAP operation or services, which result from bodily injury, death, personal injury, and/or property damage (including damage to CAP property). CAP shall not be obligated to indemnify for liability and expense arising from an act of negligence of The City. The City agrees to indemnify, defend, and hold harmless CAP, and its employees and agents, from and against any and all liability, including but not limited to defense costs and reasonable attorney's fees, arising from or connected with claims, lawsuits for damages, and/or Worker's Compensation benefits relating to The City while assigned to this collaborative project, which result from bodily injury, death, personal injury, and/or property damage (including damage to city property). The City shall not be obligated to Page 2 of 3 indemnify for liability and expense arising from an act of negligence of CAP or CAP staff. 8. INSURANCE Without limiting CAP's indemnification and other obligations above, CAP shall provide and maintain at its own expense, general liability insurance covering the hazards of premises/operations, property damage and personal injury with a combined single limit of not less than one million dollars ($1,000,000.00) per occurrence and $3,000,000.00 aggregate and CAP shall provide proof of this insurance coverage to The City upon request. 9. NOTICES All notices under this MOU shall be in writing and shall be hand -delivered with signed receipt or mailed by first-class registered or certified U.S. mail, postage prepaid, addressed to the parties as follows: To CAP: Douglas D. Rauthe, Executive Director Community Action Partnership of Northwest Montana P.O. Box 8300 Kalispell, MT 59904-1300 10. TERMINATION TO: The City: City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Either party may terminate this MOU for any reason by providing 30-days written notice to the other party. Dated this day of , 2009. COMMUNITY ACTION PARTNERSHIP CITY OF KALISPELL OF NORTHWEST MONTANA Q4, Z a&- Do4bD. Rauthe Executive Director Page 3 of 3 Myrt Vebb Interim City Manager Benchmarks Activity/Task Responsible Entity Completion Date Informational meeting with CAP/City Staff 5/14/09 City Staff City Council Work Session City Council/CAP/City 5/26/09 Staff City Council Approval for City Council 6/15/09 CLT/NSP application submission and MOU w/CAP Final Draft of NSP CAP/City Staff 7/15/09 Application to City for review Submission of NSP CAP 7/22/09 application to MDOC Submission of CLT legal CAP 8/09 documents to State of Montana NSP Funding Award MDOC ? NSP funds obligated MDOC 9/19/10 NSP funds expended MDOC 9/19/14 T- T m 6 X J U L v- •1-J Q� T L Cu 4- 0 000d•Co 0 0 It o0Occ 000000 O 0 p o 0000 m 0 0 CD 0000o 0cnd•Ets00 0 1- O cn CC) O 0 03 O O 0 0 0 0 ct1 d• O U) W N t17 O 0 O OD T N ,- d C6 I:f d N N T C6 d' C7 ,- ,- CO C r N et r d L cs Q9 O O O U) d• LO O CD CDO O O O u7 O N CA O 0 ,It d Cl) It Cl) r r d N C\I r N 6s 64 GC7 CV q C O ItIO I O 0 0 0 W 0 AO CC+C7 O C`e) O GCD O Cc7 LO O C')CA 0 O C77 C� T C\_ r CD d r Cif IGS ci 45 m .0 U C C c) +-- p 5 0 N N N N U)i O C c � cs,ca c m m m m m m �� C (D 11) J ass U — C = Cho 0 0 w c 30 CL cu `m m v c m ca cn (D a) CD c a vEQ ? 0 cU a c s, rn� a a L0 _m CL O 0 p c� m C w d cm N �- C � Ri � N CO cn � 7 tfln' Y a a CL •� o O C N cco a 'cLd � 7 tI p ZUC3C7 ... c o m oLP c amp" D 0 a _ 2:1 r+ C C (� V p p 0 0� O d Q m C N� NO O can ci �- UUJ IL CL Um¢r -� r N 1 N o �- Northwest Montana CLT Operating Budget-1- A. Project Build -out Assurriptions, Year 3 Year 4 Year 5 1 Year 6 Year 7 Year 8 1 Year 9 Year 10 ate e o e Is a e e e e e a cumulative unittotais: 0 B 12 iB 24 90 3B 42 48 54 C Personnel cola: 34% lAnnualizedl 2009 1 2010 1 2011 1 2012 1 2013 1 2014 1 2018 1 2014 1 2017 2019 Salaries Salo let Year) Pr rom0irsator 411000 0 10,558 13.049 13441 13.844 14,259 14687 15127 18178 18723 FTE: 0% 25% 30% 30% 30% 30% 30% 30% 35% 35 01oevolopment Coordinator 38,0oo 0 0 0 0 0 0 0 0 0 0 FTE: 0% 0% 0% o% 0% 0% 0% .0% 0% m Homabuyer/Homeownar Services Coordln 32,000 0 0 0 6,993 7,203 9,274 11,463 11,807 14,188 14,613 FTE: 0% 0% 0% 20% 20% 26% 30% 30% 35% 35% of MarketingCoordinator 32,00 00 0 0 0 0 0 0 0 4,054 4,175 FTE: MI Communl Outreach Coordinator 32.000 0 0 0 0 0 0 0 0 4,054 4.176 FTE; 0% 0% 0% 0% 0% 0% 0% 0% 10% 1 m"I Administrative Coordinator 25,000 0 6,438 6,631 6,830 7,034 7 245 8 955 7.687 9.501 9.786 FTE: 0% 26% - 26% 25% 25% 25% 30% 26%. 30% ('m CAP stall/other ez ttat aea altacltod 24,000 FTE: 0% .. 0% 0% 0% 0% 0% 0% 0% 0% Total Salaries 16,995 19,680 27,264 28,081 30,779 35,105 34,621 y 49,974� 51,473 Number of FTEs 0.00 0.60 0.56 0.76 0.75 0.80 0.00 0.85 1.20 1.20 Benefits 25% of total salaries 4,249 4,920 6,816 7.020 7,696 8.776 8.655 12.494 12,868 Total Personnel Costs 0 21,244 24,600 pm 34,079 1 11 35,102 1,9A: 38.473 43,681 43,276 62,468 { 10 411 64,342 r Adminisfration & Overhead 35`x of total payroll 7,435 8,810 11,028 12,286 13,466 15,358 15,147 21,864 22,520 TOTAL PROGRAM EXPENSES 24,000 28,679 33,209 46,007 47,387 51,939 59,240 58,423 84,331 86,861 Start-up FFF.JConsultants/legal fees (see aftached) 24,000 7,500 i Reserve Funds [operating Reserve 0 5,000 5,000 5,000 5.000 5.000 5,000 5,000 51000 5.000 Capital Asset Fund 0 e.mi 6,0001 81000 6,000 6,000 8,000 61000 6,o00 TOTAL ANNUAL OPERATING EXPENSES 48,000 47,179 44,2091 57,0071 58,3871 62,9391 70,240 69,423 95,331 97,861 Developer Fees from NSP Funds of value of each unit developed 0 15,600 16,224 16,873 17,54B 0 0 0 0 0 Marketing Fees 1.09L of value of each unh developed 0 7,800 8.112 8,436 8,774 9,125 9.490 9,869 10,264 10,675 Ground Lease Fees GLF) f25 Inaialmonthly GLF 0 900 11800 4,050 5,400 6,750 8,100 9,450 10,800 12,150 Lease Re -issuance Fees 57 600 Lease re -Issuance Fee 0 0 5,400 7,200 9,000 10,800 12,600 14,400 16,200 Membershl Dues limembers:. 0 25 50 50 60 80 80 130. 75 78 S3S Annual membership dues 0 876 1.750 1,750 2,100 2,100 2,100 2,100 2,625 2,625 Corporate Donors for operations) *1 0.001 1 1 1 1 21 31 31 31 3 3 4 SS,000 Annual ($2,000 afready rec'd20c9) 6,000 5.000 5,000 10,DD0 15,000 15,000 15.000 15,000 15.000 20.000 Other Sources for operations) ft 1 0 525,000 Portion of Mil from Cityll(alispell 0 12,500 12,500 25,D00 25,000 25,000 25,000 25,000 25,000 25,000 $50,000 Porten of Mil from FH Co. 12,500 25,D00 50,000 50,000 50,000 50,000 50,000 50,000 $25,000 Other gout support (W F, CF. Lincoln Co, etc. 12,500 12500 15,000 20.000 20,000 22,500 25,000 $25,000 NSPAdministration Funding 25,000 25,000 25,000 25,000 0 0 0 0 0 S25,000 Other grants not yet identified 25.000 15,000 15,000 15.000 0 0 Start up mono from City of Kalispell a 1 01 01 01 01 01 01 01 of 0 518,000 One Time 18,000 0 0 0 0 0 0 0 0 0 HOME CHDO Doo er Fee (NMHP,) B 1 0.1 0 0 1 01 01 01 01 0 0 f24,000 One Time 24,000 0 0 0 0 0 0 0 0 0 TOTAL PROGRAM REVENUE 48,uuu Q,brb 45,3M 77,5UV U1,022 UU,Vfb, 0 (4.504) 1,177 14,502 22,634 4,036 250 4,597 (17.242) (11,211)I a 0 (4,504) (3,328) 11,176 33,809 37,845 38,095 42,691 25,449 14,238 CLT Budget.xis (0 Burlington Assocfafes in Community Development 6/17/2009 10:20 AM From Lexington Community Land Trust