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HomeMy WebLinkAboutPROFESSIONAL SERVICES AGREEMENT BETWEEN AUGUSTA GA AND ASSET PROPERTY DISPOSITION INC FOR PROPERTY ACQUISITION SERVICES ( FIRST AND SECOND AMENDMENTS APD URBAN PLANNING AND MANAGEMENT LLC i � ������ � PR FE SIUNAL SERVICES A TWEEN AUGUSTA, GEORGIA AND ASSET PROPERTY DISPOSITION, INC. FUR PROPERT"Y ACQUIS�TI4N SERVICES This Agreement is made and entered inta this t�l day of Dece�gr_, aoo8, by and between Augu.sta, Georgia, by and through the Angusta-Richmond County Cornmissian, (hereinafter referred to as "Grantee"), and Asset Praperty Disposition, �'nc., (hereinafter referreci to as the "Consultant"). WITNESSETH wHEREAS, the Grantee is und�rtaking certain activities related to the revitalization of certain neighborhoods; and WHERFAS, fhe Grantee desires to engage the Consultant for the purpose of acquiring real properry to include vacant lots, vacant bui.ldings and occupied properties for the development of historic Laney-Walker and Bethlehem neighborhoods; and WHEREAS, the Grantee will utilize non-federal and federal Community Development Black Grant and HOME investment Partnership funds for acquisition purposes; and WHEREAS, the Grantee requires Consultan# to comply with the Cornmunity I7evelopment Biock Granfi Program reguiations at 24 CFR Part 570, HOME Irrvestment Partnerships Program regttlations at a4 CFR 92 and the Uni�orm Rel�cation Assistance and Real Property Acquisition Policies Act of a.97o, as amended, at 4g C�R 24. N4W, THEREFORE, the parties hereto do mutually agree as follows: i. �MPLOY�.VIEN�' O�' C4NSUI.TANT. Gxantee agrees to engage the Constaltant, and the Cansultant agrees to provide consultant services which shall involve the acquisition of pra�erties in the historic Laney-Walker and Bethlehem neighborhaods. a. SCOPE �F �,ERVICES. The Consultant will provide the services ("Services" set forth in Appendix A, attached hereto and incarporated hereizi by re£erence. It is understood and agreed by the parties that the services of the Consultant do not include any of the following: the disbursement or account of funds distributed by the Grantee's financial officer, legal advice, fiscal audits or assistance �vzth activities not related to this project. 3. ��N. The Grantee's designated liaisan with the Consultant is Chester A. Wheeler, III, Director of the Augusta Con�rnunity Development Department. The Consultant's designated liaison with the Grantee is 4. Jesse Wiies. �}. EFFECTNE DATE AND T'IME OF P'ERFORMANCE. This Cantract takes effect on December 4, 2oa8, with the Grantee's right to renew contract terms, conditions and compensation anrivally until December 3, 2oii. Grantee may discontinue contract after one year or at any time during the eontract period with 3o days notice to Consultant, �, Asset P�operty Dispositlon, Inc, Property Acquisfdon Agreement �. CQMPE�TSATrQN. For the satisfactory completion of the services to be provided Lrnder this Contract, the Grantee wili pay the Consultant a smm �ot ta exceed One Hundred Twenty-Three Thausand, Seveniy-Two Dollars and no cez�ts ($�23�07 annually, which the Grantee agrees ta pay as set forth in "Appendix B- Campensation/Budget", attached hereto and incorporated herein by reference. Compensation f�r services will be provided in installnnents, based on actual work performed based upon the completion of key companents of the project deliverables, The Consultant may submit monthly requests for payment, based on actual work performed, which must be accompanied by ai�. itemized invoice describing the sezvices furnished, the i�umber of hours worlced ta accomplish each item, the amaunt being billed for each item, a description of any ather eligible e�enses incurred daring the billing period, and the total amount being billed. 6. I�TT?El'EN,��NT EQNT��"OR. It is understaod by the parties hereto that the Consultant is an independent contractor and as such, neither it nar its employees, if any, are employees of the GrAntee for purposes of taac, retire�nent system, or social security (FICA) withholding. It is further understood that fihe Consultant will maintain at its expense £ox the duration of this Contract, coverage in a workers' comp�nsation plan for its principles and emglayees for the services to be perforrned hereunder. �. ELIGIBI�,T�'Y. The Consultairt certifies that the Consultant's firm and the firm's principals are not debarred, suspended, voluntarzly excluded, or otherwise ineli.gible far participation in federally assisted contracts under Executive Order i2�4q; "Debarment and Suspension" [24 CFR 24.50,�. 8. CONFLICT OF INTEREST. Tlae Consultant covenants that it presenfily has no interest and will not acquire any interest, direct or indirect, in the project that would confiict in any manner ar degree with the performAnce of its services hereunder. The Consultant further covenanta that, in performing this Contract, it will employ no person who has any such interest, 9. E�1'f'TRE AGREEMENT: MODIFICATIQN, This Contract contains the entire agreement between the parties, and no statements, promises or inducements made by either party, or agents of either parly, that are not cantained in the written Gontract, are valid ox binding. No changes, amendments or alteration.s shall be effective unless in writing and signed by bo�i parties. The Coz�sultant specifica}ly acknawledges that in entering into and executing this agreement, Consultant relies sotely upon the provisions contained in this agreement and not flthers. io. �TQN-ASSIGNMENT OF AC�REEMENT. Inasmuch as this agreement is intended to secure the speeialized services of the Consultant, Consultant may not assign its rights, including the cight to compensation, tx•ansfer, delegate or subcontract any interest herein without the prior written cons�nt of Grantee. Any subcontractor or assignee will be bound by ali the terms and conditions of this contract. ii, A�SICNMEN'T QF PERSONN�L. The Consultant shall not substitute any personnel for thase specifically named in its proposal unless personnel with substantially equal Page 2 of 10 . , Asset Property p�spasition, Inc, Property Acquisitlon Agreement or better qual'rficafiians and experience are provided and acceptable to Grantee, as is evidence in writing. �.2, �,NDEMNIFICATiON. The Consultant waives any and all claims and recourse against the Grantee, including the right of contribution for loss and damage ta persons or prnpercy arising froin, growing out of, ar in any way connected with or incidental to the Consultant's performanee a£ this contract. Further, the Consuttant wili indemnify, hald harmless, and defend the Grantee against any and ail ciair�,s, demancts, damages, costs, expenses, liability arising out of the Consultant's performance of this Contraet except for Iiabiliry arising out of the concurrent or sole negligence af the Grantee or its officers, agents or ernplayees. Consttltant shali also indemnify Grantee for any adverse determinatian made b� the Xnternal Revenue Ser«ce ar the State Franchise Tax Board against the Grantee with respeet to Consultant's `independent contractor' status that woul.d estabiish a liability for failure to make any social security or income tax withholding payments. i3, INSURANCE. Consultant shall have and maintain in ftEll force and effect for the � duration of this Agreement, insurance insuring against claims f.or injuries to persons or damages to property which may arise frorn or in connection with the performance of the work by Consultant, its agents, r�presentatives, employees, or sub-consuttants. iq. $REAG.� QF CQNT�, In the event of breach of Contract by the Consultant, the Grantee may at its option, engage #he services of arzother Consultant to complete the work and deduct the cost of the completion from the amount due to the Consultant. In the event either the Grantee or the Consuttant do not fulfill performance uncl.er this agreement, then Ch.e affected party may pursu� all legal remedies available for breach of cantract. i5. TERMIN�'�'IQN qF CONTRACT. This Contract may be terminated as faIlaws: (a) Ternninatzo� far cause. (i) If the Grantee determines that the Cansultant has failed to compiy with the terms and conditions of tkie Contraet, it may terminate this Contract in whole or in part any time before the date of completion. If the Consultant fai�s tn comply with any of the terms and cvnditions af this Contract, the Grantee may give notice, in writing, to the Consultant of any or all deficiencie� claimed. The nptice will be sufficient for all purposes if it descriUes the default in general terms. Tf all defaults are not cured and coimected within a reasonable period to be specified in the notice, the Grantee may, with no further notice, deciare tlzis Contract to be terminated. The Cansultant will thereafter be entitled to receive payment for those services reasonably performed to the date of termination, less the amount of reasonable damage suffered by the Grantee by reason af the Consultant's failure to comply with th.is Contract. �ii} Notwithstanding the above, the Consultant is nofi relieved o� liability to the Grantee for damages sustained by the GranYee by virtue of any breach of this Contract by the Consultant, and the Grantee may withhold any payments to the Contractor for purposes o£ setoff until such tizne as the Page 3 af 1Q ', Asset Property pisposltion, Inc. Property Acqulsition Agreement exact amount of damages due the Grantee from the Consultant is determined. . (ui) Grantee may terminate this contract should fun.ding cease or be materially decreased. x6. �GAL FEES. In the event either parry incurs legal expenses to enforce the terms and conditions of fihis Contract, the greva�ling parry is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. 17. DOCUMENTS INCORPORA_,�'ED BY REFEREI���. The Consultant's Request for Qualifications far properry acquisidon services for the Laney-Walker and Bethlehem neighborhood.s, submitted September 3, aoo8, and all applicabie federal and state statutes and regulations incarporated into thzs Contract by Lhis re£erence a�e binding upon the Consultant. 18. CIVIL RIG�ITS A�T OF �A64,[�� U.S.C. 2000dl. The Cons�ltant will abide by the pravisions of t�ie Civi.l Rights Act of i964 which states that tander �tle VI, no person inay, on the grounds o£ race, coiar, or national origin be excluded from participatian in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financiai assistance. xq. NQNDISCRI 1�I�VATIO,�T AND EQi,,,�A I� OPPORTUNTI'Y. Ths Consultant will abide by the Federal requirements set forth in 24 CFR 5.zo5(a}, Nondiscrimination and Equal4pportunity, as these apply to the CDBG program and activities: a) requirerzients of the Fair Hausing Act [42 U.S.C. 36oi-2o] and Executive Orders ��063 and x2z59 (regarding Equal Opportunity in Housin$); b) prohil�itions against discriminatian on the basis of age under the .A.ge Discrimination Act of i97� [42 U,S.C. 6io1-o�]; c) prohibitians against discrinnination against an otherwise qualified individual with a physical or mental disability, as provided in Section �04 0£ the Rehabilitation Act of Y973 �42 U.S.C. 794a> and d} Executive Order ii246 as amended regarding Equal Emptoymenfi Opportunities. 20. S,�CI"�QN �, QF TH� Hg,�SING AND URBAN D,��ELOPMENT ACT OF sA68 fi2 U.S.C. ��oiu1. The Consultant will ensure that, to the greatest extent feasible, opportunities for trai.ning and employment arising in connectian with this project will be extended fio lower incorne project area residents. Further, Consultarzt will, to the greatest extent feasible, utilize business concerils located. in or substantially owned by residents of the project area, in the aw�arding of contracts and purchasing of services and supplies. Page 4 of 10 ;, Asset Property Disposition, Inc. Property Acquisltion Agreement 2i. MI AN W M N' B SINE NT SES c'v r ii62 i24�{2, izx�8 an�i 1ia�7. The Consultant will take affirmative steps to assure that minority and women-owned businesses are used. when possible as sources of supplies, equipment, cozastruction and sexvices. Additionally, the Consultant must document aIl affirmative steps taken #o solicit the participation of mznority and women-owned businesses and will forward this dacumentation (along with the names of the minority subcontractors and suppliers) to the Grantee. 22. NONDISCRIMINATI(�,N. The Consultant wiil not discriminate against any employee or applicant for employment on the basis of race, color, religian, creed, political ideas, ge�der, age, marital status, physical or mental disability, or national origin, 23. L{�BBYING PROVI�IpNS. The Consultant certifies tha# no Federal appropriated funds have been paid or will be paid, by or on behalf of the uudersigned, ta any person for influencing r►r attempting to influence an officer or employee of any agency, a Member of Congress, an off'icer or employee of Congress, ar an empiayee of a Membe�• of Congres9 in connect7on with the awarding of any Federal contract, the making 4f any Federai grant, the making of any Federai Iaan, the entering into of any cooperative agreement and the extension, contir�uation, renewal, amendment, or modification of any Federal contract, grant, loan or conperative agreernent. 24. OWNERSHIP AND PUBL�CATIQN OF M�TER�ALS. All reports, information, data, and other materials prepared by the Consuitant pursuant to this contract are to be the property of the Grantee, which have nonexclusive and unrestricted authority to release, publish or atherwise use, in whole or in part, informatian ielating thereto. Any reuss withqut written verificatian ar adaptation by Consultant for the spec'rfic purpose intended will be at the Own.er's sole risk and without liability or legal exposure to the Consultant. No matei�iai produced in whole or in part under this Cantract may be subject to copyrzght or patent in the United States or in any other country without ihe prior written permission of the Grantee. 25. REPORTS AND INFORMATION. The Consultant will maintain accourn.s and recards, including personnel, properiy anc� financial records, whieh are adequate to identify and account far aII costs pertaining to this Contract; and such other records as may be deemed necessary by the Grantee to assuxe proper accounting for all project funds, both federai and non-federal shares. These records will be made available fqr audit purposes to the Grantee or its authorized representative, and will be retained by the Consultant £or five (5) years a£ter the expiration o£ this Contract, unless permission to destroy them is granted by the Grantee. The Consultant, at such times and in such forms as the Grantee may require, shaIl furnish Grantee manthly progress reports in accordance with the outline indicated in Appendix C: �6. ACC�S� TO RECORDS. Tt is expressly understood that the Consultant records relating to this Contract will be available duri�g norrnal business hours for inspection by t��e Grantee, the Hausing and Communi.ty Developrnent Department, the U.S. Deparlment of Housing and Urban Develapment and the U.S, Camptroller General. Page S af �0 , �Asset Property Disposftion, Inc. Property Acquisitlon Agreement IN WI'I`NE53 WHEREOF, the parties hereto have executed this Contract as of the date first written above. ATTEST; AUGL7STA, GEORGIA (Grantee) , S E A L gy; `�---''�-�� �`�\. ,� . , � David . Copenhaver r � � t. i` �; ' p� As its Mayor �'�: b �� �� n(+nt�n9Q �l C o e o � �. � � �� q� r . �� � �L � ��I2 '. � � � B �r�c o� �`,� n ; a / �� � � �� � � � t`,, E: z .•,. @ . �r � s�,� ,,��; .<,�,��.��e V ��'� ��`�'��u�.�aon�' `� �"��� ���'� = t_. Fredei�ick L. Russell ��'�`` `` Y City Administrator Chester A. Wheeler, III,Director Augusta Housing & Comrnunity Development Dep#. Subscribed and sworn to before me SET P OPER DI P this �-- Day of 1�� �.- , zoo8. Consultant) . C � /'�� C , / Nota ub � County/Stata � . Jesse Wiles My m� ion expires `� � Day of ,aoo8 O�FfClAL BERL. , Npterq P��t��le, f�eargiQ �ultan Caurty MY Gommis�io�t E p�e� u us 2K i�N Page 6 of 10 ' Asset Propetty Disposttion, Inc. Property Acqulsltlon Agreement A.PPENDIX A SCOPE pF SERVICES The Consultant will be responsible for acquiring reai property in the historic L.aney- Walker/Bethlehem neighborhoods on behalf af the Grantee. Real property shall include vacant lots, vacant buildii�gs and occupied properties. Real property shall be acquired in accordance with the Uniform Aet passed by Cangress in i9�o. This Act is a federal law that establishes minimum standards for federally fiinded programs and projects that require the acquisition of real property (real estate) or displace persons from their homes, businesses, or farms. The Uniform Act's protections and assistance apply to the acquisitian, rehabilitation, or demolition of real property far federal or federally £ur�ded projecks. TA.SR#�: Develap Montt�ly Report format which shall consis# of a matrix #hat outlines the various type af groperty that can be purchased within the prioritized area including: • Pioperry currently on #he market (listed with a real estate agent}; • Willing Sellers (Property owners has contacted the City regardin,g their interest to sell); and • Pxoperties targeted £or purchase based on location. T.ASK #2: Map each property listed in Task #i using the Geographic Infarmation System. Update daily the status o£ the property based on whather the parce� i.s targeted for acquisition, contact made with #he awner, under contract, clased and if the property is available for development, � TASK #g: ACQUISITION F'�R EA.CH PROPERTY GRANTEE DESIRES TO ACQUIRE: • Determine property owner • Obtain title search • Send apprnpriate HUD Acquisition noiices to awner and/or tenants •�oliaborate with Grantee fio en.sure environmental assessments are performed • Conduet survey w�rk • Obtain appraisal and review appraisal of properties • Negotiate with property owner • Prepare and distribute written offer to purchase letters • Have Purchase Agreement pregared and executed • Have closing documen�ts prepared and executed • Obtain check for purchase of property • Purchase property + Deed property to Land Bank • Aecord deed • If property is occupied, provide advisozy services to awner ar tenant • Assist owner and/or tenant with Iocating replacement housing • Assist owner and/or tenant wi.th relocation move + Assist awner and/or tenant wi.th purchase of house or rental of house/apartment Page 7 of 10 ¢x, � a �.� �1 e t � �, ;., 6„ � � �� Ca ��t::::: ,.- .. .. ` 4 � p � pca'��s�c� ���a ; ,..: - .. `;'�'� . -.... �t � ,. .:::�!:V .,,, ' otsP°S�t�ori�'`" - �.,�,� �t„��F�� ;��'1 ; _,, ,.. ,48'� Q �, ���`` , .; :a�n$�' ; ; Q �► . � , ��.E � ,: .:t�� � ::, ... p ,�ve� e ��p� � ��:;:.:= ; I �#�•• g'ea�� �'�'��'�� � �� � S�� ;; ;��'° :;< c+4' �I,�g,S' ;:�a'�; � ,: -:� . �� ��:;:;:: ;� X � ` �� :'C� �yg�g p � �i�e`� ,� Ma'�u �;������ �� a� r ����'�"� � zo °� p �4� e ����,,N- �� te nt �� ��� � pl1o` �. Ph F �,1to`N"ti q c�'�`�ett�t ��,�e G ,� 5 1A G�+�'�'�� s� � ... M�� acts ��' eg�� �'A s ccam�� c�a�` ����� �{ �� � �,: � �Asset Property Disposftlon, Inc. Property Acqufsitfon AgreamenC APPENDIX B COMPENSA'�'ION J BUDGET Consultant requests for payment may be submitted monthly and must be accampanied by a written narrative repart which adequately describes and documents the work performed. Total payrnents for the services rendered under this Contract will not e.�cceed $i2g,o�'a.00. Compensation for services will be provided in installments, based on actuai Evork performed along with other reimbursable casts. �'ayment will be based upon completion of key cornponents of the project work plan as follows: Tasks #1- 4 $ �a3,o�2.00 TUTAL BUDGET $ �23,o7z.00 Page 9 of 10 ,•�►sset Properry DlsposEtion, Inc, Property Acqulsltfon Agreem�nt APPENDIX C M4NT�iLY PROGRESS REPORT .�ox MorTrx oF: (Due: igtn day of each tnonth for prior montk� activities. ) CONSULTANT: ASSET PROPERTY DISPOSITION, INC. Address; C�ntact Person: _._, Phone #; Project Name: Acquisition Services for La�iey-Walker/Bethlehem Revitalization Projeck PAR.T I. t�.CTI'VTTY TATU� �OR MONTH - Describe Progress A�chieved iu� Accomplishing Project Goals and Objectives during this reporting period. Page !0 of 20 , Amendmentkl; PropertyAcpuisition Services � � A P D Urban Plonnrng and Management, LLC ���� A� FIRST AMENDMENT CONTR.ACT BETWEEN AUGUSTA, GEORGIA & A P D URBAN PLANNYNG AND MANAGEMENT, LLC This rirst Amendment to the Contract executed l�y and between the Parties on Deceml�er 4, 2008, is made and entered into on the t�h day of December 2009, by and between AUGUSTA, GEORGIA, (hereinafCer referred to as "GRANTEE"}, and ASSET PROPERTY DISPOSITION, INC. herein known as A P D URBAN PI.ANNING AND MANAGEMENT, LI.C, (hereinafter referxed to as "Consultant"). WHEREAS, GRANTEE desires to amend the ORIGINAL CONTRACT to allow a one (i) year extension for continuation of Property Management Setvices for the HUD approved Laney Walker/Bethlehem Neighborhood Revitalization Strategic (NRS) Plan; WHEREAS, GRANTEE has determined that this extension is in its best interest and CONSULTANT agrees to saicl extension; NOW THEREFORE, in exchange for their mutual good and valuable consid.eration, the receipt and suf�ciency of which each PART1' acknowledges, and intending to be legally bound, GRANTEE ai�.d CONSULTANT agree to amend said GONTRAG°T as follows: Cl) Secdon 4. �FFECTIV� DA'TE AND 'I'�ME OF PERFORMANCE, Paragraph i, is hereby deleted in its entirety and changed to read: "This Contract takes effect on December 4, 2oog, with the Grcmtee's �-ight to re�tew contract terms, canditions and compensation annual2y until December 3, 2oi�." (�) Section 5. COMPENSATION, Paragraph a, is hereby deleted in its entirety and changed to read: "For the satisfactory completion of the seruices to be provided un.der rhis Contract; the Grantee will pay the Consiiltant a sum not to exceed One Hundred Forty-Nine Thousand, Two Hundred Eighiy Doliars and no cents ($149,280.00) annually, which the Grantee agrees to pay as set forth in `tlppettdix B— Compensation/Budget", attached hereto and incorporated herein by reference. C,'ompensatiorz for services Luill be provided in installments, based on actual work performed based upon the completion of key components of the project detivet•abies. :.:.�,� .�_......._._..._....._....... `� �°� Page 1 of 3 AmendmentJll: ProperiyACquisition Serv+ces A P p Urban Planning and Monagement, LLC (3) Appendix B. CpMPENSATION/BUDGET, is hereby deleted in its entirety and changed to read: "Consultant requests for payment may be submitted monthly and must be accompanied by a written narratiue reporr which adequately describes and documenfs the work performed. Total payments for the services rendered under this Contract will not exceed $z49,280.00 Compensation for services wiit be prouided in installments, based on actual work performed aiong with other reirnbursable costs. Payment wiit be based upon compietion of key components o�' tha project work plan. TOTAL BUDGET - $14g,28o,00 THEREFORE, the terms and conditions of CONTRAGT between AUGUSTA, GEORGIA and A P D URBAN PLANNING AND MANAGEMENT, LLC. dated December 4, 2008, are hereby extended through December 4, 2ozo. All othez provisions of CONTRACT between said PARTIES shall remain in force and effect. (Intentionally left btank) �;;�=� ��;,�_._..------_._.______ ' Page 2 ot 3 <: �;<<.x., AmendmenflJl; PropertyAcquisition Servlces A P D Urbon Plonnrng pnd Monoqemertt, L1C SIGNAT[JRE PAGE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. ATTEST: AUGUSTA G�O�.tGIA � (Grantee) SEAL By:_ � �� ` David S. openhaver � � �� �� As its Mayar / y 1y9A ���r1. Lena J. B nec Clerk of Commission Signed, sealed and delivered ) A P ll Urban 1'lann� a�� Mana e t ) Consultant In e presenc f ) �.2,��, } (Pla n Witn ^ � . esse Wiles } } � As its Designated Liaison ���� V ` ) `�`� No ary Pub.lic ) County of State of d C�unty, e q'� i3otary F'+�btic. i�ichmcm My COTriTil. FJC1TiCO5: Ahv C;c�rnmi��k:m 1=xt�i±'gs At;ri4 23, 2( 0 � Frederick L, Russell ' City Administrator Chester A. Wheeler, III, Director Augusta Housing & Community DevelopmenC Dept. j � � .� Andrew MacKe ie Attarney �; �,.,.��:_..........._...... . Page 3 of 3 a ?A,y,: r j Amendmen[ t12: Property Management Services A P D Urbon PJanning and Nlanagement, LLC QR�G�N��. SECOND AMENDMENT CONTRACT BETWEEN AUGUSTA, GEORGI.A. & A P D URBAN PLANNiNG AND MANAGEMENT, LLC Thzs Second Amendment to the Contract executed by and between the Parties an Decennber 4, zoo8, is znade and entered into on the �th day of December 20�0, by and between AUGUSTA, GEORGIA, (hereinafte.r referred to as "GRANTEE"), and ASSET PR�PERTY DISPOSITION, iNC. herein known as A P D URSAN PLANNING AND MA.NAGEMENT, LLC, (hereinafter referred to as "Consultant"). WHEREAS, GFZAN'I'EE desires to amend the ORIGINAI. CONTRACT to allow a one {1) year extension for cantinuation of Property NIanagement Services for the HUD approved Laney Walker/Betlilehem Neighborhood Revitatization Strategic {NRS) Plan; � WHERF.A,S, GRANT�� has determined that this extansion is in its best interest and CUNSti LTANT agrees to said extension; NOW THER�.FORE, in exchange for their mutual good and valuable consideration, the receipt and su�ciency of which each PART'Y acknowiedges, and intending to be legally bound, GRAN1'EE and CONSULTANT agree ta amend said CONTRACT as follows: �1) SecCion 4. �F�'ECTIVF. DATE AND TIME OF PERFORMAIVCE, Paragraph #i, as amended December 4, zoo9, is hereby dele#ed in its entirety and changed to read: "This Contract takes effect on December 4, 2010, with the GRANTE�'s riqht to renew cotttract terms, conditions and compensation annuaily until December ,3, �2011. GRAIVTEE may discontinue cont�•act after one year or at any time during the contract period with 3o days notice to CONSULTf1N'l. CONSULTANT may disconiinue contract with 6o-daj no�ice to GRAIVTEE." �2) Secfiion 5. C�MPENSATIOIvT, Paragraph #i, as amended December 4, 2009, is hereby deleted in its entirety and changed to read: "For the satisfactor� comptetion of the seruices to be provid'ed under this Contract, the GRANTEE will pay the CONSULTANT a sum not to exceed Four Hundred Fiftij-Three Thousand, Two Hundred Si�cty- Four pollars and no cents ($453,264.00) annually, which the GRAN'lFF agrees to pay as set forth in "Appendix B— Compensation/Budget", artached hereto and inc�rporctted herein - �j reference. Compensation for setvices will be p�ouided in installments, based an actuul work performed based upon the completion of key components o,f the project deliverables. :;r���-----._ _._ Page 1 of 3 r � Amendmentit2; Property Management Services A P 0 Urbon Planning and Monagement CLC �3) A��endia B. COMPENSATION/BUDGET, is kereby deleted in its entzrety and changed to read: "Consultant requests for payment may be submitted monthly and must be accompanied by a written narrarive report which adequateiy describes and documents the work performed. Totat ,payments for the services rendered under this Contract wiil not exceed $453, Campensation for services witl be prouided in installments, based on actual work performed aIong with other rezmbursabre costs, Payment will be based upon completion of key components of the project work ptan. TOTAL BUDGET- $453, THEREFOR.E, the terms and canditions af ORIGINAL CONTRACT between AUGUSTA, GEORGIA and A P D URBAN PLANNING AND MANAGEMENT, LLC. dated December �, 2008, and amended December 4, 2009, are hereby extended through December 3, 2oii. All other provisions of CONTRACT between said PARTIES shall remain in force and effect. (Intentionally left blank) �,,�,, �_._�_�.._...._------ �. Page 2 of 3 y � Amendment t/2; P�operty Manogemem Services A P 0 Urban Plannrng and Management 1.LC SIGNATURE P.P.GE IN WTT�TBSS WHEREQF, the Parties have executed this Agreement as of the date f�rst written abave. ATTEST: AUGUSTA GEORGIA (Grantee) ^ � ���� 1 �`� �<.��<:, � ��, �� � � ,�,. �� �� a � �� � �: S � , o; �� @� . .'' �- � y°` ��� d� B � �' ' �,``�'°r.'"..._.'"".. � �� `�"' . e�'` °��a y� S Ca enhaver �� .� � ax�� � m �; � ,'y,ry Davz . . p � � ..:r ;� � , � � �`'t , As its Mayor �� , q `�l f P ( { � ;' �� ����� � _ � na $�� ner �e� �. *,, Clerk����o��n F +L'` '�� � t' ; ",.1.. ; L � . Signed sealed and delivered ) A P D Urban Piannin,g and Mana�ement, LLC ) Consultant In the presence of ) ' � d+� '_...d'% � � !! ~� y�� ,' ...� � / 6 . . I�'. .'�, i p � ..+�' ' � ' (� Witnes5� ��� ) � O, Jesse Wiles ) As its Designated Liaison �r_�,�f.-•�''•' `t�` , F.�u�`f.�/ =`�� , � �' Notary Pu ' " !4�, 3 ) County o�' �� c� � ' � �.��b ) State of � � F � � � ) My Corr�,g eS,;, _ _ ) � • p u��� o � �� �/,,� ,,� � t"9 �r a s► or ,l� ,�%.../"' t �f«0�e�`":y,ra� qa�''�'s�,� .,�� � �� ����� ���� '%�!, C tyAdmizai txator / r` Chester A. W'ileeler, III, Director Augusta Housing & Community Developmerit Dept. r� I � N �� y drew G. MacKenzie General Counsel �`^�°�� ------ Page3of3