ROSS COUNTY BOARD OF DEVELOPMENTAL DISABILITIES AGENCY CONTRACT
Effective Date: Termination Date:
Contractor: Frontier Development Corporation P.O. Box 747 Chillicothe, OH 45601
This contract is entered into by the Ross County Board of Developmental Disabilities hereinafter referred to as the “Board” and the Frontier Development Corporation hereinafter referred to as the “Agency”. In consideration of the mutual promises herein contained the parties agree to develop a comprehensive service program for individuals who are developmentally disabled within Ross County that will provide residential housing.
Ross County Board of DD: Frontier Development Corporation:
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
AGENCY CONTRACT
Page 1 of 7 ARTICLE I DISCRIPTION OF SERVICE
Whereas through county assistance provided by the community assistance fund and other revenues as determined by the Board and in compliance with the supported living section of the Ohio Revised Code contained in Chapter 5126, as well as other applicable state and federal laws and regulations, the Board through this contract will assist the Agency in meeting its mission by purchasing property in Ross County.
ARTICLE II BOARD DUTIES
A. The Board agrees to abide by the Rules and Regulations of the Ohio Department of Developmental Disabilities.
B. The Board shall have full responsibility for referring persons with developmental disabilities who wish to reside in properties acquired pursuant to this contract. The Board shall arrange for the provision of those applicable support services and staff which it determines is needed for the persons to appropriately reside in such residences subject to the availability of funds. The Board shall have the sole discretion to determine what resources are available for the provisions of services. Such responsibilities shall be conducted according to applicable supported living laws and rules of the Ohio Department of Developmental Disabilities and other governing state and federal laws and regulations.
C. The Board shall ensure that persons choosing to reside in properties of the Agency are cognizant of their responsibilities in choosing to reside in such property.
D. The Board shall assist residents of the property in mediating any issues that may arise relating to the management of the property by the Agency.
Page 2 of 7 E. The Board, pursuant to requests by the Agency and subject to Approval by the Board of said requests and amounts, shall make grants to the Agency of state community assistance funds solely for the acquisition and purchase of housing for persons with disabilities referred by the Board. Such grants shall not exceed the total allocations given to the Board by the State and are subject to the availability of such monies from the state. The Board may at its discretion grant other monies for purposes of repairs, maintenance and other operations of the Agency.
F. The Board shall maintain a legal interest in all properties acquired by the Agency with public monies in accordance with the terms and conditions of the revenues used to acquire such properties and in accordance with the agreement between the state and the Board regarding use of state capital grant monies. The Board shall maintain its legal interest through a note and a first position mortgage (when a lending institution is not involved) or a second position mortgage on the property in the amount equal to that given by the Board and used by the Agency to acquire the individual property.
G. The Board shall have the authority to authorize the Agency in writing to reinvest proceeds from sales of any properties in which the Board has an interest to acquire additional properties for use in accordance with this contract. Such sales shall be in accordance with this contract. Such sales shall be in accordance with a determination of fair market value of the property as determined by one or more appraisals. The Board shall require the Agency to repay the Board its interest in the property without the Board’s approval.
H. The Board may require the Agency to repay value of the Board’s Interest in property for breach of the Agency’s obligations which may include failure on the part of the Agency to make payments on the property in the manner prescribed by any mortgage on said property or if the Agency is in substantial violation of the terms and conditions of any of the contracts governing the acquisition of properties by the Agency. The Board shall also have the right to assume the mortgage on the property with said right being a condition of the mortgage and an option of the Board and the right to insist on the transfer of title to the property to the Board or a substitute nonprofit Agency in the event of default or violation of the contract terms and conditions by the Agency.
Page 3 of 7 ARTICLE III AGENCY DUTIES
A. The Agency shall accept referrals from the Board of individuals wishing to have the Agency acquire residential property on their behalf. Individuals shall actively participate in the selection of property and have the opportunity to consider such factors as: monthly rent and related expense factors, neighborhood, availability to transportation, safety issues, and physical layout of the residence.
B. The Agency shall acquire, manage, and maintain properties obtained pursuant to this master contract and any related supplemental contracts in an appropriate manner so as to protect the Board’s security interest in such property and to insure the health, safety, and welfare of persons residing in said properties.
C. The Agency agrees to grant the Board a security interest in any property it purchases with community assistance monies, as well as all properties wherein the Board has a security interest that the Board or another entity of the Board’s choosing shall have the right to assume any mortgages on the properties at no greater than the existing interest rates thereon and that in such event that the titles to the property may be transferred to the Board or the other entity.
D. The Agency shall work with the residents of the property to resolve any issues in a timely manner. The Agency shall notify the Board of any such issues it cannot effectively resolve.
E. The Agency shall notify the Board of its financial position on a regular basis as necessary and no less than the close of each calendar year of operation. The Agency shall annually provide the Board with a copy of its housing inventory.
F. The Agency shall provide the Board with a copy of the final closing statement, insurance policies, the deed, and any notes and mortgages concerning property acquired by the Agency within thirty (30) days of the closing.
Page 4 of 7 G. The Agency agrees to maintain confidentiality regarding all information, records and data which it receives concerning clients. A release of information detailing the specific information to be released and the party to whom it will be released shall be required for all requests for information. The Agency will not release any information without first contacting a Board representative.
H. The Agency agrees to abide by all state statues, rules and regulations pertaining to the use of community assistance funds for the purchase, acquisition sale and maintenance of housing for individuals in supported living and also will abide by all applicable federal rules and regulations.
I. The Agency agrees throughout the term of this agreement and any renewal period to provide and keep in effect, at its cost and expense fire and extended coverage insurance for the benefit of the Agency and the Board, in an amount sufficient to cover the replacement cost of any properties acquired by the Agency. The level of coverage may be reviewed annually by the Board during the term of this agreement and the Board may require the Agency, at its cost, to increase coverage to reflect accepted industry standards.
J. The Agency shall be responsible for the filing of income tax or information returns with the US Internal Revenue Service, State of Ohio, and local government as required.
K. The Agency shall assist in the public relations of Frontier Development Corporation. In order to create better community awareness.
L. The Agency shall develop policies for, be responsible for, and control the making of business decisions for Frontier Development Corporation relative to the purchase, sale, maintenance, repair, management, obligations, debts, and related approval procedures with regard to the residential properties. In the event that a business decision made by the Agency is challenged as being adverse to consumers with developmental disabilities the Agency is challenged as being adverse to consumers with developmental disabilities the Agency shall open its decision to the Superintendent of the Board of Developmental Disabilities who shall assist in resolving conflicts. If such resolve is not met, the Board of Developmental Disabilities shall be approached for assistance.
M. The Agency shall approve policies for and manage the investment of any unrestricted funds generated by the business operations of Frontier Development Corporation.
Page 5 of 7 N. Any payments or transfer of funds to the Corporation from the Board of Developmental Disabilities shall be made subject to any invoices or other supporting documentation that the Board of Developmental Disabilities may require to be prepared.
O. The Board of Developmental Disabilities shall not reimburse or pay interest, sales or excise taxes.
ARTICLE IV TERMINATION NOTIFICATION, MODIFICATION, AMENDMENT AND NOTICE OF CORPORATION’S INTENT
Amendment, Modification, Extensions – This agreement may be amended, modified, or extended by mutual agreement of the parties hereto in writing to be attached and incorporated into this agreement.
Termination – This agreement may be terminated prior to the expiration of the term hereof as follows:
Termination by Agreement – In the event the Agency and Board of Developmental Disabilities shall mutually agree to terminate this agreement terms and date stipulated therein.
Page 6 of 7 ARTICLE V OTHER MATTERS
A. Notice or other communication with respect to this agreement shall be effective upon receipt therefore by the persons named below:
If to the Board of Developmental Disabilities:
Superintendent, Ross County Board of Developmental Disabilities 11268 County Road 550 Chillicothe, OH 45601
If to the Agency:
President, Frontier Development Corporation P.O. Box 747 Chillicothe, OH 45601
B. The validity of this agreement and any of its terms or provisions, as well as the rights and duties to the parties hereunder, shall be governed by the laws of the State of Ohio.
C. In the event that any one or more of the provisions contained in this agreement shall for any reasons be invalid, illegal, or unenforceable this shall not affect any other provisions and this agreement shall be construed as if the invalid, illegal, or unenforceable provisions had never been contained herein.
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