HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA GA AND EAST AUGUSTA COMMUNITY DEVELOPMENT ORP $15,201.50 YR 2011 FUNDS FOR HOME INVESTMENT PARTNERSHIPS PROGRAM CONTRACT
between
AUGUSTA, GEORGIA
And
EAST AUGUSTA COMMUNITY DEVELOPMENT CORPOR.ATION
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 Magnolia Avenae Housing Project"
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TFiIS AGREEMENT ("Contract"), is made and entered into as of the � day of ��g�
2011, ("the effective date"} by and between Augusta, Georgia - acting through the Housing an
Cornmunity Development Department (hereinafter referred to as "AHCDD") with principal
offices located at 925 Laney-Walker Boulevard, 2 Floor, Augusta, Georgia 30901, as party of
the first part, hereinafter called "Augusta", and the East Augusta Community Development
Corporation, a non-profit corporation, organized pursuant to the Laws of the State of Georgia,
hereinafter called " EACDC" 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 catled 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 HLTD; 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 2010-2014, and the Year 2011 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
Cornmunity Housing Development Corporation (CHDO); and
WHEREAS, it is in the best interest of Augusta to enter into a contractual agreement with East
Augusta Community Development Corporation for the administration of HOME eligible
affordable housing development activities; and
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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, EACDC has agreed to provide services fiznded through this contract free from
political activities, religious influences or requirements; and -
WHEREAS, EACDC has requested and Augusta has approved a total of $I5,201.50 in b ant
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
EACDC 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: Recnzit HOME eligible low- and rnoderate-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 purckase 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 HUD
HOME funds. The audit will take place in 2012 covering 2011.
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ARTICLE II:
RESPONSIBILTTIES OF THE CHDO
A. RECORD KEEPING
1. EACDC shall maintain fmancial records in accordance with the requirements prescribed by
the U.S. Department of Housing and Urban Development (hereinafter called HUD) and set forth
in Article II to this Agreement. —
2. EACDC shall maintain records on clients to whom services are provided under this Agreement
in accordance with the requirements prescribed by HUD. Such records sha11 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
femaie-headed household. Records shall also include a description of the services received by
each client.
3. EACDC 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
Article II.
B. PROGRAM INCOME
AlI program income received by EACDC, as defined in Article 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
HLTD or the CTTY such statements, records, reports and information pertaining to matters covered
by this Agreement as HLJD or the CTTY 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 b ants 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-1 through Task-3.
e) An annual report on the nuxnber of clients served, categorized by income, race,
whether from a female- headed household.
fl An audited financial statement for the period covered by this Agreement, or for
such other period as the CITY may ab ee. Such andit shall be performed by a
qualified Certified Public Accountant in accordance with federal requirements set
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_ _ . . .
_ _ _ __ _
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out in Article 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 EACDC and pertaining to services provided under this Agreement.
2. EACDC skall attend or hold such meetings as the CITY may require.
D. ACKNOWLEDGMENT OF FUNDING SOURCE
EACDC 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".
EACDC shall also acknowledge the support of the CITY and HUD in all published material as
stated in Article II to this Agreement.
E. CONSULTATION ON PUBLICITY EVENTS
EACDC 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 ITI
RESPONSIBILITIES OF TI3E 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, Depariment of
Housing and Housing Development, 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 EACDC. Inspection shall include, but not be limited to, the following:
a) The CITY shall review a11 written reports required by the Agreement. If a report
is incomplete, incorrect or otherwise deficient, the CITY shall promptly notify
EACDC of the deficiency in writing.
b) The CITY shall monitor the progress of work and inspect records at EACDC
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 EACDC`s Board of Directors,
or other governing body, and its sub-committees.
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C. AVAILABILTTY OF INFORMATION
The CITY shall make available to EACDC 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 sha11 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 EACDC an amount not to exceed a total of $15,201.50 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 and Community Development.
2. The City may reimburse EACDC 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 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 CTTY reimburse any portion of any cost determined to be ineligible under
this Agreement or under HOME regulations, regardless of any mistaken deternunation of
eligibility at the time the costs were incurred, nor will the CTTY 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 30�' of the following year.
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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. DEFAULT AND TERMINATION
The CHDO agrees to the conditions relating to disputes, default and termination set out by
Augusta Housing and Community Development.
G 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 East Augusta Community Development Corporation
Municipal Building 1011 12` Street
537 Green Street, Room 801 Augusta, Georgia 3Q901
Augusta, Georgia 30901
Copy to:
Director
Augusta Housing & Community Development
925 Laney Walker Blvd, 2" Floor
Augusta, GA 30901
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ARTICLE VII
COUNTERPARTS
This agreement is executed iu 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 WAEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST: AUGUSTA, GEORGIA
(Grantor)
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S� ���� ay: ° ��--
F {�
���'�,��`� ��'����'� �� David S. Copenhaver
�� ��= �� ° •e �� �Q ��� As Its Mayor
� v4v� � �� � �/
�� A J `
�..�• � � �� ��l r� I
� n, Bonne�'ry. o ,� s
s �� Clerk of C��is,�i� �
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� ', ` �� '� 4+ _
��� ° �e;� a�a.cY�"�� � 0. � � ��'� F'TeC�e27C RUSSBll
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�� `� �. � Administrator
�, , W�:� k ��
�`���,��.,� =�-�.
hester A. Whee er,
Director, AHCD
ATTEST: EAST AUGUSTA COMMUNITY DEVELOPMENT CORPORATION
SEAL
By:
o�inn� HPT , CEo
�
Its C ate Secretary
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(Plain Witness) �
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