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Home My WebLink AboutMEMORANDUM OF UNDERSTANDING - BY AND BETWEN AUGUSTA, GEORGIA HOUSING AND COMMUNITY DEVELOPMENT AND THE HOUSING AUTHORITY OF THE CITY OF AUGUSTA, GEORGIA FY 2017 & 2018 Memorandum of Understanding By and Between Augusta, Georgia Housing and Community Development and the Housing Authority of the City of Augusta, Georgia FY2017 & 2018 Background and Intent This Memorandum of Understanding(MOU)clarifies the roles, responsibilities of Augusta, Georgia and Housing Authority of the City of Augusta, Georgia in completing the Analysis of Fair Housing(AFH). This Agreement, is made and entered into as of the day of 2018("the effective date")by and between Augusta, Georgia, acting through the Housing and Community Development Department (hereinafter referred to as "HCD")—with principal offices at 925 Laney Walker Blvd, 3rd Floor, Augusta, Georgia, and Housing Authority of the City of Augusta, Georgia, a Public housing Authority, (hereinafter referred to as"AHA")—with principal offices at 1435 Walton Way, Augusta, Georgia 30901, with the intention of assisting Augusta, Georgia ("Participating Jurisdiction) with the preparation and implementation of fair housing plans addressing the municipalities obligation to create realistic opportunities for the development of affordable housing. WHEREAS, HUD Rule encourages jurisdictions and public housing agencies to work together and to collaborate regionally and enables collaborators to "select a lead entity and submit the AFH according to that entity's schedule." 24 CFR § 5.160 (c);, the sole purpose of this MOU is to encourage cooperation between Augusta, Georgia,and Augusta Housing Authority to collaborate in accomplishing said goal, and to further detail the separate and distinct roles and responsibilities of each party; WHEREAS, the undersigned HCD and AHA believe collaboration on a AFH will result in efficiencies for each participant and a more effective analysis overall; WHEREAS, HCD and AHA has the expertise to provide quality and efficient services to Augusta, Georgia in assisting their residents to purchase homes through counseling sessions and linkages with appropriate lenders, and; WHEREAS, HCD and AHA supports such linkages between residents and housing organizations as part of its objective of increasing the workforce housing stock while strategically increasing the constituency of affordable housing advocates, and; WHEREAS, the residents and citizens will participate only on a voluntary basis in the process of gathering information for the AFH; THEREFORE, HCD and AHA do mutually agree to the following: 1. HCD will serve as the lead entity for the AFH. While both are accountable for the analysis and will submit the AFH to HUD, HCD will oversee the submission of the AFH through Western Economic Services (consultant). MOU(HCD&AHA) Fair Housing Analysis Page 1 of 3 2. HCD and AHA will both contribute equally to the financial responsibility of the consultant agreement with Western Economic Services. Such as: HCD will contribute half the cost up to $ 25,000 AHA will contribute half the cost up to $ 25,000 Note: Funding shall be distributed as per agreement with Western Economic Services. 3. If any party does not fulfill its obligations under this MOU, violates any provision of this MOU, and does not cure such failure or violation within thirty (30) calendar days of written notice, the party(ies) not in default may terminate this MOU as regards to that party, by giving the defaulting party written notice of termination. Confidentiality All parties agree that by virtue of entering into this MOU they will have access to certain confidential information regarding the other party's operations related to this project.None of the parties bound in this MOU will at any time disclose confidential information and/or material without the consent of the subject party unless such disclosure is authorized by this MOU or required by law or court order. Unauthorized disclosure of confidential information shall be considered a material breach of this MOU. Where appropriate,releases will be secured before confidential information is exchanged. Confidential information will be handled with the utmost discretion and judgment. This confidentiality paragraph shall survive the termination of this MOU. Nondiscrimination There shall be no discrimination of any person or group of persons on account of race, color, creed, religion, sex, marital status, sexual orientation, age, handicap, ancestry or national origin in the implementation of the housing policies described in this MOU. Modification This MOU may not be modified or amended except by written agreement executed by the parties hereto. Counterparts This MOU may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Severability The parties hereto intend and believe that each provision in this MOU comports with all applicable local, state and federal laws and judicial decisions. However, if any provision in this MOU is found by a court of law to be in violation of any applicable ordinance, statute, law, administrative or judicial decision, or public policy, and if such court should declare such provision to be illegal, void or unenforceable as written, then such provision shall be given force to the fullest possible extent that the same is legal, valid and enforceable and the remainder of this MOU shall be construed as if such provision was not contained therein. Legal Review The parties hereto acknowledge that they have been advised by legal counsel of their choice in connection with the interpretation,negotiation, drafting and effect of this MOU and they are satisfied with such legal counsel and the advice which they have received. MOU(HCD&AHA)Fair}lousing Analysis Page 2 of 3 Applicable Law This MOU shall be governed by, and construed in accordance with, the laws of the State of Georgia without regard to conflict of laws principles. Term The term of this MOU shall until the completion, submission and the acceptance of the AFH by Housing and Urban Development(April 2019). Both parties have the right to terminate this MOU with thirty(30) days written notice to be given to the other party if they feel the terms of the MOU are not being carried out. ARTICLE XVII. 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 f (Augusta) SEAL ,►�'""•►w+4.6out. 6 itycwii,04 .6 74/.0- , { 4 @er /, tie e it I At. Hardie Dav s . Date " / , . i ,tAsIts Ma `or 3 `lr /f ` ` //' ! ! ul lLlt t eltajA n J s Cle `qf omn-cion ! 15 1 N . l9. to •r6 �� .......•�� iI / ,anice A. Jac �' �n ate %G ORGii*., � �� dministrato 1�tukso sob," L' 16 _�...e_�_ ._..,.,.. m ,_ , _ - —rte 4- vwthorne Tin h: , Jr. a e birector, AHCDI ATTES f the.C/?),'�,1,� Housing Authority of the City of Augusta, Georgia r •p,P 0R•• oi^ •T.'�� '•.,= (Grantee) SEAL -- SEAE: / y. 1937 .. ..1111 . % C13 -A L'i Ad c, •,� Y`�,...✓ Ja .b L. • esby; Date am.4s7 itness) E*ecutiv, l irectpr f 1 I MOU(HCD&AHA)Fair Housing Analysis Page 3 of 3