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Home My WebLink AboutCONTRACT BETWEEN ARC AND PROMISE LAND COMMUNITY DEVELOPMENT CORP $15,201.50 YR 2011 "OPERATING EXPENSES FOR THE SOUTH AUGUSTA REHABILITATION PROGRAM CONTR.ACT between AUGUSTA, GEORGIA And PROMISE LAND COMMUNITY 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 South Augusta Rehabilitation Program" THIS AGREEMENT ("Contract"), is made and entered into as of the � day of',��, �,,��/ 2011, ("the effective date") by and between Augusta, Georgia - acting through the Housing and Community Development Department (hereinafter referred to as "AHCDD"} with principal offices located at 925 Laney-Walker Boulevard, 2n 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 «'HEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HCTD) 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 Prob am grant funds, as described in the Angusta-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 fiznds, and may provide these funds to be utilized to help pay operatinD expenses for a designated Community Housing Development Corporation (CHDO); and WHEREAS, it is in the best interest of Aub sta to enter into a contractual agreement with Promise Land Community 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, PLDC has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WI3EREAS, PLDC 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, 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 tune 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 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 2012 covering 2011. 2 ARTICLE II: RESPONSIBILITIES OF THE CHDO A. RECORD KEEPING 1. PLDC shall maintain fmancial records in accordance with the requirements prescribed by the U.S. Department of Housing and Urban Development (hereinafter called HCTD) and set forth in Article II to this Agreement. Z. PLDC shall maintain records on clients to whom services are provided under this Agreement in accordance with the requirements prescribed by HLJD. 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 Article II. B. PROGRAM INCOME All program income received by PLDC, as defined in Article II, shall be retumed 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 HCJD or the CITY such statements, records, reports and information pertaining to matters covered by this Agreement as H[TD 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-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 fmancial 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 3 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 a11 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. D. ACKNOWLEDGMENT OF FUNDING SOURCE PLDC shall affu� 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 HLTD in all published material as stated in Article II to this Agreement. E. CONSULTATION ON PUBLICTTY 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 inember as its representative. This person will coordinate the CTTY'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. MONITORING AND PERFORMANCE REVIEW 1. The CITY may at any time inspect the prob ess 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. 4 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 reb lations 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, 201 L 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 $ 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 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. Reunbursement 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 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 30"' of the following year. 5 ARTICLE V CONDITIONS OF PERFORMANCE A. INDEMNITY AND HOLD HARMLESS The CHDO shall indemnify and hold harnlless 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 CTTY: Notices to the CHDO: Office of the Administrator Promise Land Community Development Corporation Municipal Building 2409 Amsterdam Drive 537 Green Street, Room 801 Augusta, Georgia 30906 Augusta, Georgia 30901 Copy to: Director Augusta Housing & Community Development 925 Laney Walker Blvd, 2° Floor Augusta, GA 30901 6 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 (Grantor) �� sE� �� ay: ,�,�----� ��-�� '�-�„�' € � ,�r�.�fi�+�j� t David S. Copenhaver '�"` �C�� As Its Mayor � �� na��,:,,,;�� M� ` �� 4� ,Fj1��t! ��` , � �� . � c � ena Bonne'r, ;� " � :� � � ` �,Clex� of Co�ss�m � �� ` `k� (Xa�C� Frederick Russell --- ��, , "�` '�' � ��' Admiuistrator � ��``��+��.�a� �y Chester A. Wheeler, III Director, AHCD ATTEST: PROMISE LAND COMMLJNITY DEVELOPMENT CORPORATION SEAL , B , �`",�'c _ y .� . � � As Its Corporate Secretary � J r ti�� (Plain Witness) 7