HomeMy WebLinkAboutGEORGIA LAND BANK AUTHORITY FOR PROPERTY MANAGEMENT SERVICESPROFESSIONAL SERVICES AGREEMENT BETWEEN
CIW OF AUGUSTA AND AUGUSTA, GEORGIA LAND BANK AUTHORITY (AGLBA)
PROFESSIONAL SERVICES AGREEMENT BETWEEN
AUGUSTA, GEORGIA AND AUGUSTA, GEORGIA LAND BANK
AUTHORITY
FOR
PROPERTY MANAGEMENT SERVICES
This Agreement is made and entered into this 5 S day of May, 2010, by and between Augusta,
Georgia, by and through the Augusta - Richmond County Commission, (hereinafter referred to
as "Grantee "), and Augusta, Georgia Land Bank Authority (hereinafter referred to as the
"AGLBA ").
WITNESSETH
WHEREAS, the Grantee is undertaking certain activities related to the revitalization of certain
neighborhoods; and
WHEREAS, the Grantee desires to engage AGLBA for the purpose of administering Property
Management Services for the properties held by AGLBA for the City of Augusta in support of
the revitalization of the historic Laney - Walker and Bethlehem Neighborhoods; and
WHEREAS, the Grantee will utilize non - federal and federal Community Development Block
Grant and HOME Investment Partnership funds for acquisition purposes; and
WHEREAS, the Grantee requires the Land Bank to comply with the Community Development��
Block Grant Program regulations at 24 CFR Part 570, HOME Investment Partnerships Program
regulations at 24 CFR 92 and the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, at 49 CFR 24.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
EMPLOYMENT OF AGLBA Grantee agrees to engage AGLBA, and AGLBA agrees to
provide Property Management Services which shall support the maintenance of the
properties acquired for the City of Augusta.
2. SCOPE OF SERVICES AGLBA will provide the services ( "Services" set forth in
Appendix A, attached hereto and incorporated herein by reference.
It is understood and agreed by the parties that the services of AGLBA does not
include any of the following: the disbursement or account of funds distributed by the
Grantee's financial officer, legal advice, fiscal audits or assistance with activities not
related to this project.
3. LIAISON The Grantee's designated liaison with AGLBA is Chester A. Wheeler, III,
Director of the Augusta Community Development Department. AGLBA's designated
liaison with the Grantee is Norman Michael, Director.
4. EFFECTIVE DATE AND TIME OF PERFORMANCE This Contract takes effect on
May 24, 2010 with the Grantee's right to renew contract terms, conditions and
compensation annually until May 24, 2o11. Grantee may discontinue contract at any
time during the contract period with 3o days notice to AGLBA. AGLBA may
Page 1 of 16
. PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF AUGUSTA AND AUGUSTA, GEORGIA LAND BANK AUTHORITY (AGLBA)
discontinue contract at any time during the contract period with 3o days written
notice to Augusta Community Development Department, Chester A. Wheeler, III,
Director.
5. COMPENSATION For the satisfactory completion of the services to be provided
under this Contract, the Grantee will pay AGLBA a sum not to exceed Forty
Thousand Dollars and no cents ($40,000) annually, which the Grantee agrees to pay
under the fee schedule set forth in "Appendix A - Compensation ", attached hereto
and incorporated herein by reference. Compensation for services will be provided
when Grantee is invoiced for property management services as outlined in Appendix
B. Each invoice will be accompanied by a property status report/invoice as outlined
in Appendix C and D. AGLBA may submit monthly requests for payment, based on
actual work performed, which must be accompanied by an .itemized invoice
describing the services furnished, the amount being billed for each item, and a
description of where the services were performed. This contract is on a
reimbursement basis so AGLBA must show evidence that the subcontractor
performing the Property Management Services has been paid.
6. INDEPENDENT CONTRACTOR It is understood by the parties hereto that AGLBA
is an independent contractor and as such, neither it nor its employees, if any, are
employees of the Grantee for purposes of tax, retirement system, or social security
(FICA) withholding. It is further understood that AGLBA will maintain at its expense
for the duration of this Contract, coverage in a workers' compensation plan for its
principals and employees for the services to be performed hereunder.
7. ELIGIBILITY AGLBA certifies that AGLBA's employees are not debarred,
suspended, voluntarily excluded, or otherwise ineligible for participation in federally
assisted contracts under Executive Order 12549; "Debarment and Suspension" [24
CFR 24.5051.
8. CONFLICT OF INTEREST AGLBA covenants that it presently has no interest and
will not acquire any interest, direct or indirect, in the project that would conflict in
any manner or degree with the performance of its services hereunder. AGLBA
further covenants that, in performing this Contract, it will employ no person who has
any such interest.
9. ENTIRE AGREEMENT: MODIFICATION This Contract contains the entire
agreement between the parties, and no statements, promises or inducements made
by either party, or agents of either party, that are not contained in the written
Contract, are valid or binding. No changes, amendments or alterations shall be
effective unless in writing and signed by both parties. AGLBA specifically
acknowledges that in entering into and executing this agreement, AGLBA relies
solely upon the provisions contained in this agreement and not others.
10. NON - ASSIGNMENT OF AGREEMENT Inasmuch as this agreement is intended to
secure the specialized services of ALGBA, AGLBA may not assign its rights, including
the right to compensation, transfer, delegate or subcontract any interest herein
without the prior written consent of Grantee. Any subcontractor or assignee will be
bound by all the terms and conditions of this contract.
Page 2 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF AUGUSTA AND AUGUSTA, GEORGIA LAND BANK AUTHORITY (AGLBA)
11. ASSIGNMENT OF PERSONNEL AGLBA shall not substitute any personnel for
those specifically named in its proposal unless personnel with substantially equal or
better qualifications and experience are provided and acceptable to Grantee, as is
evidence in writing.
12. INDEMNIFICATION AGLBA waives any and all claims and recourse against the
Grantee, including the right of contribution for loss and damage to persons or
property arising from, growing out of, or in any way connected with or incidental to
AGLBA's performance of this contract. Further, AGLBA will indemnify, hold
harmless, and defend the Grantee against any and all claims, demands, damages,
costs, expenses, liability arising out of AGLBA's performance of this Contract except
for liability arising out of the concurrent or sole negligence of the Grantee or its
officers, agents or employees. AGLBA shall also indemnify Grantee for any adverse
determination made by the Internal Revenue Service or the State Franchise Tax
Board against the Grantee with respect to AGLBA's independent contractor' status
that would establish a liability for failure to make any social security or income tax
withholding payments.
i3. INSURANCE AGLBA shall have and maintain in full force and effect for the
duration of this Agreement, insurance insuring against claims for injuries to -persons
or damages to property which may arise from or in connection with the performance
of the work by employees, its agents, representatives, employees, or sub - consultants.
14. BREACH OF CONTRACT In the event of breach of Contract by AGLBA, the Grantee
may at its option, engage the services of another entity to complete the work and
deduct the cost of the completion from the amount due to AGLBA. In the event
either the Grantee or AGLBA do not fulfill performance under this agreement, then
the affected party may pursue all legal remedies available for breach of contract.
15. TERMINATION OF CONTRACT This Contract may be terminated as follows:
(a) Termination for cause
(i) If the Grantee determines that AGLBA has failed to comply with the terms
and conditions of the Contract, it may terminate this Contract in whole or
in part any time before the date of completion. If AGLBA fails to comply
with any of the terms and conditions of this Contract, the Grantee may
give notice, in writing, to AGLBA of any or all deficiencies claimed. The
notice will be sufficient for all purposes if it describes the default in
general terms. If all defaults are not cured and corrected within a
reasonable period to be specified in the notice, the Grantee may, with no
further notice, declare this Contract to be terminated. AGLBA will
thereafter be entitled to receive payment for those services reasonably
performed to the date of termination, less the amount of reasonable
damage suffered by the Grantee by reason of AGLBA's failure to comply
with this Contract.
(ii) Notwithstanding the above, AGLBA is not relieved of liability to the
Grantee for damages sustained by the Grantee by virtue of any breach of
this Contract by AGLBA, and the Grantee may withhold any payments to
Page 3 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF AUGUSTA AND AUGUSTA., GEORGIA LAND BANK AUTHORITY (AGLBA)
AGLBA for purposes of setoff until such time as the exact amount of
damages due the Grantee from AGLBA is determined.
(iii) Grantee may terminate this contract should funding cease or be
materially decreased.
16. LEGAL FE- M In the event either party incurs legal expenses to enforce the terms
and conditions of this Contract, the prevailing party is entitled to recover reasonable
attorney's fees and other costs and expenses, whether the same are incurred with or
without suit.
17. CWIL RIGHTS ACT OF 1964 f42 U.S.C. 2000d7 AGLBA will abide by the provisions
of the Civil Rights Act of 1964 which states that under Title VI, no person may, on the
grounds of race, color, or national origin be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
18. INO_NDISCRIMINATION, AND EQUAL OPPORTUNITY AGLBA will abide by the
Federal requirements set forth in 24 CFR 5.105(a), Nondiscrimination and Equal
Opportunity, as these apply to the CDBG program and activities:
a) requirements of the Fair Housing Act 142 U.S.C. 36oi -2o] and Executive Orders
11o63 and 12259 (regarding Equal Opportunity in Housing);
b) prohibitions against discrimination on the basis of age under the Age Discrimination
Act of 1975 L42 U.S.C. 6101 -071;
c) prohibitions against discrimination against an otherwise qualified individual with a
physical or mental disability, as provided in Section 504 of the Rehabilitation Act of
1973 [42 U.S.C. 7941; and
d) Executive Order 11246 as amended regarding Equal Employment Opportunities.
19. Not Applicable.
20. NONDISCRIMINATION AGLBA will not discriminate against any employee or
applicant for employment on the basis of race, color, religion, creed, political ideas,
gender, age, marital status, physical or mental disability, or national origin.
21. LOBBYING PROVISIONS AGLBA certifies that no Federal appropriated funds have
been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the
Page 4 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF AUGUSTA AND AUGUSTA, GEORGIA LAND BANK AUTHORITY (AGLBA)
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or cooperative agreement.
22. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data,
and other materials prepared by AGLBA pursuant to this contract are to be the
property of the Grantee, which have nonexclusive and unrestricted authority to
release, publish or otherwise use, in whole or in part, information relating thereto.
Any reuse without written verification or adaptation by AGLBA for the specific
purpose intended will be at the Owner's sole risk and without liability or legal
exposure to AGLBA. No material produced in whole or in part under this Contract
may be subject to copyright or patent in the United States or in any other country
without the prior written permission of the Grantee.
23. REPORTS AND INFORMATION AGLBA will maintain accounts and records,
including personnel, property and financial records, which are adequate to identify
and account for all costs pertaining to this Contract; and such other records as may
be deemed necessary by the Grantee to assure proper accounting for all project
funds, both federal and non - federal shares. These records will be made available for
audit purposes to the Grantee or its authorized representative, and will be retained
by AGLBA for five (5) years after the expiration of this Contract, unless permission to
destroy them is granted by the Grantee.
AGLBA, at such times and in such forms as the Grantee may require, shall furnish
Grantee a progress report of properties maintained in accordance with the outline
indicated in Appendix C.
24. ACCESS TO RECORDS It is expressly understood that AGLBA records relating to
this Contract will be available during normal business hours for inspection by the
Grantee, the Housing and Community Development Department, the U.S.
Department of Housing and Urban Development and the U.S. Comptroller General.
Page 5 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF AUGUSTA AND AUGUSTA, GEORGIA LAND BANK AUTHORITY (AGLBA)
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first
written above.
ATTEST:
SEAL
� k ��A' �/ V
V Lena b. tonner
Clerk of Commission
ATTEST:
AUGUSTA, GEORGIA
(� (Grantee)
By:
David S. Copenhaver
�/�7 //P As its Mayor
AUGUSTA, GEORGIA LAND BANK AUTHORITY
(AGLBA)
SEAL
By:
Norman Michael
Director, AGLBA
As its Corporate Secretary
(Plain Witness)
G
Frederick L. Russell
City Ad trator
Chester A. Wheeler, III, Director
Augusta Housing & Community Development
Department
r
'f I
E!44[ PlenfZ
Andrew G. MacKenz e
General Counsel
Page 6 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF AUGUSTA AND AUGUSTA, GEORGIA LAND BANK AUTHORITY (AGLBA)
APPENDIX A
COMPENSATION /FEE SCHEDULE
Compensation requests for payment may be submitted monthly and must be accompanied by a
written report which describes and documents the work performed. Total payments for the
services rendered under this Contract will not exceed $40,000. The fees that can be charged for
services by the Subcontractor are as follows:
TOTAL
PROPERTIES
SERVICED
PER MONTH
TOTAL
MONTHLY
ADMINISTRATIVE
FEE
MONTHLY
PER
CUT /VISIT
FEE
0 -50
$boo
$4 0
51 -100
$1,200
$40
101 -150
$1,800
$40
1 5 0
$
$4 0
The Subcontractor will prepare a monthly invoice for AGLBA that includes a description of
services by address and date. AGLBA will prepare an invoice for the Augusta Housing and
Community Development Department (AHCDD) Acquisition Project and include the
documentation from the Subcontractor. Upon verification, a check will be prepared in the
amount of the invoice to AGLBA. It will be the responsibility of AGLBA to pay the
Subcontractor.
Each property will be LIMITED TO ONE VISIT per month. The work performed at each
site will be at the discretion of AGLBA and its subcontractor.
The monthly administrative fee will be calculated monthly and will be based on the
number of properties serviced.
Page 7 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF AUGUSTA AND AUGUSTA, GEORGIA LAND BANK AUTHORITY (AGLBA)
APPENDIX B
SCOPE OF SERVICES
AGLBA will be responsible for administering Property Management Services for the properties
that AGLBA has acquired (hereinafter referred to as "AGLBA"), on behalf of the Grantee.
AGLBA shall operate in accordance with all state and federal laws and regulations for managing
Property Management Services.
I. SCOPE OF SERVICES
A. Lawn Care
AGLBA will procure Lawn Care services from a Subcontractor who will perform
approved lawn care services on a regularly determined basis for each property acquired
by AGLBA on behalf of the City. AGLBA will determine the "regular lawn care" for
each property depending on type of property and time of year. AGLBA will provide the
Subcontractor with "No Trespassing" signs. The first time that a property is serviced, a
"No Trespassing" sign will be placed on the property.
Each property will be LIMITED TO ONE VISIT per month. The work performed
at each site will be at the discretion of AGLBA and its subcontractor.
B. Receive UrLyent Management Calls
AGLBA will receive and document complaint calls from the third parties and direct the
Subcontractor to initiate appropriate lawn care service on that property.
C. Additional Services
When it is identified that additional services beyond regular lawn care is needed, such as
boarding up a house, the Grantee will provide a task order to AGLBA whereby, they will
respond with a task estimate. If the estimate is approved, a signed work order will be
submitted to AGLBA for completion of the services for the agreed upon fee. This Work
Order and Proof of Payment will be submitted with their monthly invoice.
D. Discretionary Fund
AGLBA and the subcontractor may spend up to $250 a month in discretionary funds in
order to facilitate special circumstances at a site. This may include disposal of large
items or requesting dumpster. These circumstances should be documented in the status
report, the receipts /proof of payment included in the invoice, and recorded on the
"Reimbursement Form ". For items over $250.00, approval needs to be obtained from
AHCDD.
Page 8 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF AUGUSTA AND AUGUSTA, GEORGIA LAND BANK AUTHORITY (AGLBA)
E. Provide Monthly List of Properties to Subcontractor
AGLBA will provide a list of properties to the Subcontractor Monthly on a spreadsheet
that has a "Property Maintenance" indicator that specifies type of service; i.e. cutting
frequency. In addition, AGLBA will indicate to the SubContractor which properties are
to be serviced that month. Appendix E contains two lists of properties. One list contains
the properties that are in the Land Bank for the Housing and Community Development
Department, AHCDD Closed Properties, and the other list is for all other properties in the
Land Bank.
F. Invoicing
AGLBA will receive monthly invoices from the Subcontractor, validating that payment
was made for the invoiced services. This validation will be in the form of a cancelled
check and a list which includes date of service and property serviced.
Upon proof of payment, AGLBA will submit all documentation, including invoice for
services to be paid by AGLBA to Housing and Community Development Department
(HCDD) Land Acquisition team for payment. AGLBA will submit an invoice of amount
due, and all of the supporting Subcontractor documentation (invoice to AGLBA of
services and proof of payment) to HCDD for approval and payment. Augusta Housing
and Community Development Department ( AHCDD) will provide a check to AGLBA
for the amount of the services. AGLBA will in turn pay the Subcontractor for the
services rendered. The contact for billing will be Hattie Hogan, Manager for Property
Acquisition. The AGLBA billing contact will be Lisa Williams and the contact point for
the Subcontractor will be Beverly Wright.
Each invoice will include a Status Report that reflects the information requested in
Appendix C, the information requested in the Invoice Format in Appendix D, and
the completed "Reimbursement Schedule" included in Appendix D.
II. TIME OF PERFORMANCE
Services for this contract shall start on May 24, 2010 and end on May 24, 2011. The term of
this Agreement and the provisions herein shall be extended to cover any additional time period
during which AGLBA remains in control of grant funds or other assets, including program
income.
Page 9 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF AUGUSTA AND AUGUSTA, GEORGIA LAND BANK AUTHORITY ( AGLBA)
APPENDIX C
PROJECT MONITORING
A. Performance Monitoring
AGLBA agrees that the Grantee may carry out periodic monitoring activities as determined
necessary. At a minimum, monitoring shall occur annually, and it may occur more frequently if
deemed necessary. The Grantee will provide AGLBA with advance notice in writing prior to
any monitoring activities. Such monitoring shall consist of evaluating AGLBA's compliance
with the terms and conditions of this Agreement, and comparing AGLBA's projected Project
schedule, budget and output with actual performance. Unscheduled visits may occur in an effort
to observe agency activities and /or programs when deemed necessary. Upon request, AGLBA
shall furnish the Grantee, or its designee copies of such records and information, as the Grantee
deems neees
B. Services Status Report
AGLBA will submit with each detailed invoice to Augusta Housing and Community
Development, a list of the properties serviced, what the service was and the date on which the
service was performed. Below is a sample report that illustrates the information that needs to
be reported on a monthly basis. The format of the status report is at the discretion of AGLBA
and the subcontractor.
AD "SS!
ANION
JUNE
Y
1465 Brown St.
5/1/10
6/23/10
7/1/10
CUT
X
WEED
X
X
COMMENTS
Lots
of
trash
Tree fell down
and needs
attention
1477 Brown St.
INITIAL CUT
X
CUT
CUT W /TRIM
X
X
COMMENTS
Large
weeds
Heavy
Rain
Trash Dumped
Needed to get
a dumpster
Page 10 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF AUGUSTA AND AUGUSTA, GEORGIA LAND BANK AUTHORITY (AGLBA)
APPENDIX D
MONTHLY INVOICE
With each invoice, AGLBA will attach a "Reimbursement Schedule" form with the cancelled
check, the " AHCDD Property Management Fee Schedule" calculation and the "Monthly Status
Report".
Attachments:
Reimbursement Schedule Sample
AHCDD Property Management Fee Schedule Sample
Page 11 of 16
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF AUGUSTA AND AUGUSTA, GEORGIA LAND BANK AUTHORITY (AGLBA)
AHCDD Property Management Fee Schedule Sample
To be included with Invoice
TOTAL
MONTHLY
MONTHLY
PROPERTIES PER
ADMINISTRATIVE
PER
MONTH SERVICED
MAX FEE (Based on
CUT/VISIT
the total number of
FEE
properties services
for the month)
0 -50
$600
$40
51 -100
$1,200
$40
101 -150
$1,800
$40
➢ 1 5 0
$
$40
Example: INVOICE FOR MAY 1— MY 31, 2010
Total Properties serviced for month of May = 39
39 properties serviced X $40 /cut = $1,560 + $600 (FEE) = $2,160 INVOICE AMOUNT
Note: If a property is requested to be visited twice, then that will equal two properties for Total
Property Count.
Page 13 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF AUGUSTA AND AUGUSTA, GEORGIA LAND BANK AUTHORITY (AGLBA)
APPENDIX E
PROPERTY LIST EFFECTIVE May 1, 2010
Attached is the current Property list as of May 1, 2010.
Page 14 of 16
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