HomeMy WebLinkAboutSAND HILLS NEIGHBORHOOD $12,615.33
CONTRACT
between
AUGUST A, GEORGIA
And
SAND IDLLS NEIGHBORHOOD ASSOCIATION, INC.
in the amount of
$12,615.33
Twelve Thousand Six Hundred Fifteen Dollars & Thirty.,.three Cents
for Fiscal Year 2005
Providing funding for
HOME INVESTMENT P ARTNERSIDPS PROGRAM
"Operating Expenses for the Sand Hills East Apartment Rehabilitation Project"
~AGREEMENT ("Contract"), is made and entered into as of the /& ~y of
~005, ("the effective date") by and between Augusta, Georgia - acting through the
ousing and Economic Development Depa.rtri1ent (hereinafter referred to as "ARED") 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 Sand Hills Neighborhood
Association, a non-profit corporation, organized pursuant to the Laws of the State of Georgia,
hereinafter called" SHNA" 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 2005-2009, and the Year 2005 Annual Action Plan; and
WHEREAS, Augusta may reserve up to five percent (5%) of its allocated as CRDO operating
funds, and may provide these funds to be utilized to help pay operating expenses for a designated
Community Housing Development Corporation (CRDO); and
WHEREAS, it is in the best interest of Augusta to enter into a contractual agreement with Sand
Hills Neighborhood Association 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 ofthe national objectives and criteria outlined in
Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development
regulations.
WHEREAS, SHNA has agreed to provide services funded through this contract free from
political activities, religious influences or requirements; and
WHEREAS, SHNA has requested and Augusta has approved a total of $12,615.33 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
SHNA 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:
Prepare development proformas and obtain financing necessary to construct
and/or renovate at least ten (10) apartments to be used as rental property.
Task 2:
Monitor construction and/or renovation for contract compliance.
Task 3:
Recruit tenants to occupy rental units that are HOME eligible low- and moderate-
Income.
Task 4:
Provide general oversight and reporting required by this Agreement.
Task 5:
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 2006 covering 2005.
ARTICLE IT:
RESPONSmILITIES OF THE CHDO
A. RECORD KEEPING
1. SHNA 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.
2. SHNA shall maintain records on clients to whom s~rvices 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
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female-headed household. Records shall also include a description ofthe services received by
each client.
3. SHNA 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 SHNA, as defined in Part II, shall be returned to the City
immediately 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 HOD 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 of all applications for and/or awards of grants or other funds that
will support the services described in this agreement.
c) A monthly statement of actual income and expenditures;
d) A monthly statement of the 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 SHNA and pertaining to services provided under this Agreement.
2. SHNA shall attend or hold such meetings as the CITY may require.
D. ACKNOWLEDGMENT OF FUNDING SOURCE
SHNA shall affix a sign in a prominent position inside or outside its premises including the
following words:
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"Supported by the City of Augusta and the U.S. Department of Housing and
Urban Development".
SHNA 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
SHNA 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 ill
RESPONSmILITIES 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, or his/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 SHNA. 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
SHNA of the deficiency in writing.
b) The CITY shall monitor the progress of work al1d inspect records at Sffi'.JA
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 SHNA's Board of Directors, or
other governing body, and its sub-committees.
C. AVAILABILITY OF INFORMATION
The CITY shall make available to SHNA 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 ofthe date and year first written above and shall continue
through October 31,2006.
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 SHNA an amount not to exceed a total of $ 759.61 per month for
staff salary and benefits; bookkeeping services; and for stafflboard training and travel and
consulting services when pre-approved by the City's Department of Housing.
2. The City may reimburse SHNA for up to $ 3500.00 of the cost of the required fmancial 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 fmancial 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 a.'y 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
October 3151 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.
B. DISPUTES, DEF AUL T AND TERMINATION
The CHDO agrees to the conditions relating to disputes, default and termination set outin Part II.
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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
Sand Hills Neighborhood Association
P.O. Box 3151
Augusta, Georgia 309096
Copy to:
Director
Augusta Housing & Economic 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:
AUGUSTA. GEORGIA
rantor)
SEAL
~
t
~tqJ~
ena Bonner
Clerk of Commission
ATTEST:
SAND HILLS NEIGHBORHOOD ASSOCIATION
SEAL
11 II
BY~~kw
~.fe Ct/V1A;{ / yq fl?Oj}A /
As Its Corporate Secretary
"
/l/-m
~ ~
(Plain Witness)
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