Loading...
HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA GA 30901 DEVELOPMENT CORP IN AMOUNT $15,201.50 YR 2011 HOME INVESTMENT PARTNERSHIPS PROJECT � • CONTRACT between AUGUSTA, GEORGIA And 30901 DEVELOPMENT CORPORATION in the amount of � � $15,201.50 Fifteen Thousand Two Hundred One & 50/100 Dollars for Fiscal Year 2011 Providing funding for HOME INVESTMENT PARTNERSHIPS PROGRAM "Operating Expenses for the Bethlehem Community Development" THIS AGREEMENT ("Contract"), is made and entered into as of the ��uay of �� ► Gx ' " G 2011, ("the effective date") by and between Augusta, Georgia - acting through the Hous�ig and Community Development Department (hereinafter referred to as "AHCDD") with principal offices located at 925 Laney-Walker Boulevard, 2 Floor, Aub sta, Georgia 30901, as party of the first part, hereinafter called "Augusta", and the 30901 Development Corporation, a non-profit corporation, organized pursuant to the Laws of the State of Georgia, hereinafter called "`30901 DC" as party in the second part. � WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HLTD) 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 Prob am eligible low and moderate income families through eligible uses of its HOME Program grant funds, as described in the Augusta-Richxnond County Consolidated Plan 2010-2014, and the Year 2011 Annual Action Plan; and WHEREAS, Aub sta may reserve up to five percent (5%) of its allocated as CFIDO 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 30901 Development Corporation for the administration of HOME eligible affordable housing development activities; and 1 � ' 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, 30901 DC has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, 30901 DC has requested and Augusta has approved a total of $15,201.50 in grant funds to perform HOME eligible operating activities as described in Article I, below: NOW, TFIEREFORE, the parties of this ab eement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE 1: SCOPE OF SERVICES 30901 DC 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 infill lots 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 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 fmancing. 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 HC7D HOME funds. The audit will take place in 2012 covering 2011. 2 out in Article II to this Agreement, and shall be furnished to the City within six months of the end of the ab eed period. g} Copies of all reports, brochures, advertisements, newsletters and other material published by 30901 DC and pertaining to services provided under this Agreement. 2. 30901 DC shall attend or hold such meetings as the CITI' may require. D. ACKNOWLEDGMENT OF FUNDING SOURCE 30901 DC 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". 30901 DC shall also acknowledge the support of the CI'TY and HCTD in all published material as stated in Article II to this Agreement. E. CONSULTATION ON PUBLICTTY EVENTS 30901 DC 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 inember 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 and Economic Development, or his/her designee. B. MONTTORING AND PERFORMANCE REVIEW 1. The CTTY may at any time inspect the progress of work, provided that it is, as far as possible, convenient to 30901 DC. 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 CTTY shall promptly notify 30901 DC of the deficiency in writing. b) The CITY shall monitor the progress of work and inspect records at 30901 DC 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 30901 DC's Board of Directors, or other governing body, and its sub-committees. 4 C. AVAII.,ABII,ITY OF INFORMATION The CITY shall make available to 30901 DC such information pertaining to services provided under this Agreement as it deems necessary, including previous reports, government regulations and other materials. 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 December 31, 2011. 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 30901 DC an amount not to exceed a total of $ 15,201.50 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 and Community Development. 2. The City may reimburse 30901 DC 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 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 tune 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 ab eement must be received by January 30�' of the following year. 5 ARTICLE V CONDITIONS OF PERFORMANCE A. INDEMNITY AND HOLD HARMLESS The C�IDO 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. DEFAULT AND TERMINATION The CHDO agrees to the conditions relating to disputes, default and ternunation set out by Augusta Housing and Community Development. 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 Article 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 30901 Development Corporation Municipal Building 1446 Lee Beard Way 537 Green Street, Room 801 Augusta, Georgia 30901 Augusta, Georgia 30901 Copy to: Director Augusta Housing & Community Development 925 Laney Walker Blvd, 2n Floor Augusta, GA 30901 6 ,�., � ARTICLE VII COUNTERPARTS This agreement is executed in two (2) counterparts, each of which sha11 be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. IN WITNESS WAEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTA, GEORGIA (Grantor) ������ ; -.- �;� ���� ��' /,7�� . SEAE �°�� �, �� B -�'� .;r� ° ���, 4� David S. Copenhaver � `� ��'� `� � '�',,,� �� qqq ��� As Its Mayor � � � :�� � py � � w, :.Z.1. � � r � � � ��f I I ��. � ` ' a B%�ner ffi �;� �� F , .�� � �,� � C�e�k of ��o�aEussio� ��� v��m���Q �, ������da�'�� �°��;���;.�.�-�:-�" (FaR) Frederick Russell - Administrator ester A. Wheeler, III Director, AHCD ATTEST: 30901 DEVELOPMENT CORPORATION SEAL , � � � r �� �-�—� , By: f �'� � G�"' � ! ' '�, u .. Y __ — 's Its Corporate cret .�ry c � � Plai� ness) , � � �� � �� 7