HomeMy WebLinkAboutPROMISE LAND COMMUNITY DEV $11,848.55
...,
CONTRACT
between
AUGUST A, GEORGIA
And
Promise Land Community Development Corporation
in the amount of
$11,848.55
Eleven Thousand Eight Hundred Forty-Eight Dollars & Fifty-Five Cents
for Fiscal Year 2004
Providing funding for
HOME INVESTMENT PARTNERSHIPS PROGRAM
"Operating Expenses for the Gordon Woods Subdivision"
"" ?I ~ ~.c.
TillS AGREEMENT ("Contract"), is made and entered into as of the L day of t1 J ,
20011/ ("the effective date") by and between Augusta, Georgia - acting through the Housing and
Neighborhood Development Department (hereinafter referred to as "HND") with principal offices located
at 925 Laney-Walker Boulevard, 2nd Floor, Augusta, Georgia 30901, as party of the first part, hereinafter
called "Augusta", and the Promise Land Community Development Corporation, a non-profit corporation,
organized pursuant to the Laws of the State of Georgia, hereinafter called" PLDC" as party in the second
part.
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development
(hereinafter called HUD) as a HOME Program Participating Jurisdiction, and has received HOME
Investment Partnerships Act (hereinafter called HOME or the HOME Program) funds from HUD for the'
purpose of providing and retaining affordable housing for HOME Program eligible families; as defined by
HUD; and
WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the
stock of affordable housing for HOME Program eligible low and moderate income families through
eligible uses of its HOME Program grant funds, as described in the Augusta-Richmond County
Consolidated Plan 2000-2004, and the Year 2004 Annual Action Plan; and
WHEREAS, Augusta may reserve up to five percent (5%) of its allocated as CHDO operating funds, and
may provide these funds to be utilized to help pay operating expenses for a designated Community
Housing Development Corporation (CHDO); and
WHEREAS, it is in the best interest of Augusta to enter into a contractual agreement with Promise Land
Community Development Corporation for the administration of HOME eligible affordable housing
development activities; and
WHEREAS, this activity has. been determined to be eligible HOME activity according to 24 CFR
92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code
of Federal Regulations, Part 92 of the Housing and Urban Development regulations.
WHEREAS, PLDC has agreed to provide services funded through this contract free from political
activities, religious influences or requirements; and
WHEREAS, PLDC has requested and Augusta has approved a total of$II,848.55 in grant funds to
perform HOME eligible operating activities as described in Article I, below:
NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and
now agree to the following terms and conditions:
ARTICLE 1:
SCOPE OF SERVICES
PLDC shall perform the following tasks within the time specified in this Agreement and according to the
practices, standards and methods generally accepted as proper by the U.S. Department of Housing and
Urban Development and the City of Augusta:
Task 1:
Seek infilllots and vacant houses for redevelopment and sale to qualified HOME eligible
home buyers.
Task 2:
Prepare development proformas and obtain financing necessary to construct and/or
renovate at least ten (10) houses for sale to qualified HOME eligible home buyers.
Task 3:
Monitor construction and/or renovation for contract compliance.
Task 4:
Recruit HOME eligible low- and moderate-income buyers for housing being developed.
Task 5:
Conduct home buyer education programs and classes.
Task 6:
Help prospective home buyers secure City and lender home purchase financing.
Task 7:
Provide general oversight and reporting required by this Agreement.
Task 8:
Have an audit conducted in accordance with HUD requirements for CHDOs to ensure
organizational compliance with regulations governing use of HUD HOME funds. The
audit will take place in 2005 covering 2004.
ARTICLE II:
RESPONSIBILITIES OF THE CHDO
A. RECORD KEEPING
1. PLDC shall maintain financial records in accordance with the requirements prescribed by the U.S.
Department of Housing and Urban Development (hereinafter called HUD) and set forth in Part II to this
Agreement.
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2. PLDC shall maintain records on clients to whom services are provided under this Agreement in
accordance with the requirements prescribed by HUD. Such records shall contain sufficient information
to establish for each client his or her eligibility for services under the HOME program, and shall include,
as a minimum, the number of persons in the client's household, the household income, the client's racial
group and whether the client is a member of a female-headed household. Records shall also include a
description of the services received by each client.
3. PLDC shall maintain time sheets detailing the activities of all employees who perform work covered
by this Agreement. If an employee=s time is split between HOME and another funding source, there must
be time distribution records supporting the allocation of charges among the sources.
4. All records pertaining to this Agreement shall be made available for inspection as described in Part II.
B. PROGRAM INCOME
All program income received by PLDC, as defined in Part II, shall be returned to the City imrnediately
upon receipt.
C. REPORTS AND MEETINGS
1. At such time and in such forms as HUD or the CITY may require, there shall be furnished to HUD or
the CITY such statements, records, reports and information pertaining to matters covered by this
Agreement as HUD or the CITY may request, including, but not limited to the following:
a) Notification of any changes to the budget set out at Attachment A.
b) Notification ofall applications for and/or awards of grants or other funds that will support
the services described in this agreement.
c) l"~ monthly statement of actual income and expenditures;
d) A monthly statement ofthe services performed as part of Task-l through Task-3.
e) An annual report on the number of clients served, categorized by income, race, whether
from a female- headed household, and whether resident in Area C.
f) An audited financial statement for the period covered by this Agreement, or for such
other period as the CITY may agree. Such audit shall be performed by a qualified
Certified Public Accountant in accordance with federal requirements set out in Part II to
this Agreement, and shall be furnished to the City within six months of the end of the
agreed period. .
g) Copies of all reports, brochures, advertisements, newsletters and other material published
by PLDC and pertaining to services provided under this Agreement.
2. PLDC shall attend or hold such meetings as the CITY may require.
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D. ACKNOWLEDGMENT OF FUNDING SOURCE
PLDC shall affix a sign in a prominent position inside or outside its premises including the following
words:
"Supported by the City of Augusta and the U.S. Department of Housing and Urban
Development" .
PLDC shall also acknowledge the support of the CITY and HUD in all published material as stated in
Part II to this Agreement.
E. CONSULTATION ON PUBLICITY EVENTS
PLDC shall consult with and involve the City in the preparation of any press conference or public event
that is directly related to the program supported with HOME funds.
ARTICLE III
RESPONSIBILITIES OF THE CITY
A. COORDINATION
The CITY will appoint one staff member as its representative. This person will coordinate the CITY's
participation in the Agreement and will also be responsible for monitoring progress and coordinating
required meetings. The CITY's representative is the Director, Department of Housing, orhis/her
designee.
B. MONITORING AND PERFORMANCE REVIEW
1. The CITY may at any time inspect the progress of work, provided that it is, as far as possible,
convenient to PLDC. Inspection shall include, but not be limited to, the following:
a) The CITY shall review all written reports required by the Agreement. If a report is
incomplete, incorrect or otherwise deficient, the CITY shall promptly notify PLDC of the
deficiency in writing.
b) The CITY shall monitor the progress of work and inspect records at PLDC premises as
often as it shall deem necessary, and in any event not less than annually.
2. The City reserves the right to attend all or any meetings of the PLDC's Board of Directors, or other
governing body, and its sub-committees.
C. AVAILABILITY OF INFORMATION
The CITY shall make available to PLDC such information pertaining to services provided under this
Agreement as it deems necessary, including previous reports, government regulations and other materials.
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ARTICLE IV
TIME OF PERFORMANCE AND COMPENSATION
A. TIME OF PERFORMANCE
This Agreement shall be effective as of the date and year first written above and shall continue through
July 30, 2004.
B. EXTENSION OF TIME
The time of completion may be adjusted only by written agreement between the parties.
c. COMPENSATION
1. The CITY shall reimburse PLDC an amount not to exceed a total of $ 695.71 per month for staff
salary and benefits; bookkeeping services; and for staff /board training and travel and consulting services
when pre-approved by the City's Department of Housing.
2. The City may reimburse PLDC for up to $ 3500.00 of the cost of the required financial audit covered
by the Agreement.
3. Reimbursement will be made monthly, on receipt of a financial statement showing the costs incurred
in providing services under this Agreement during the month, and other reports required under Article II
above. Reimbursement will be made within fifteen working days after receipt of the financial statement,
contingent upon satisfactory performance under the Agreement.
4. The financial statement must be supported by adequate documentation, including, but not necessarily
limited to, payrolls, paid invoices or receipts and check stubs. " '
5. In no case will the CITY reimburse any portion of any cost determined to be ineligible under this
Agreement or under HOME regulations, regardless of any mistaken determination of eligibility at the
time the costs were incurred, nor will the CITY reimburse any cost which has been or will be reimbursed
from another source.
6. All requests for reimbursement of all expenditures under this agreement must be received by January
31 st of the following year.
ARTICLE V
CONDITIONS OF PERFORMANCE
A. INDEMNITY AND HOLD HARMLESS
The CHDO shall indemnify and hold harmless the CITY from all claims, damage, expense, costs and
liability due to the activities of the CHDO, its sub-contractors, agents and employees in the performance
of this Agreement.
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B. DISPUTES, DEFAULT AND TERMINATION
The CHDO agrees to the conditions relating to disputes, default and termination set out in Part II.
C. COMPLIANCE WITH ALL LAWS
All services performed hereunder shall be in accordance with all federal, state, and local laws,
ordinances, rules and regulations including, but not limited to, those laws, rules and regulations
outlined in Part II of this Agreement (General Specifications and Conditions).
ARTICLE VI
NOTICES
All notices given pursuant to this Agreement shall be mailed or delivered to the following
addresses or such other address as a party may designate in writing:
Notices to the CITY:
Notices to the CHDO:
Office of the Administrator
Municipal Building
537 Green Street, Room 801
Augusta, Georgia 30901
Promise Land Community Development Corporation
2409 Amsterdam Drive
Augusta, Georgia 30906
Copy to:
Director
Augusta Housing & neighborhood Development
925 Laney Walker Blvd, 2nd Floor
Augusta, GA 30901
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ARTICLE VII
COUNTERPARTS
This agreement is executed in two (2) counterparts, each of which shall be deemed an original
and together shall constitute one and the same Agreement with one counterpart being delivered to
each party hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
SEAL
~~
Clerk of Commission
AUGUSTA.GEORG~
(Grantor)
BY:~
#f)\
ATTEST:
PROMISE LAND COMMUNITY DEVELOPMENT CORPORATION
SEAL
'"
By: \
/;
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