RFP for Property Management Services

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any applicable affirmative action or equal opportunity obligations as required by applicable regulations. The terms "employees" or "personnel" shall be deemed to mean and include employment of a casual, temporary, or part-time nature. b) The salaries, wages, other compensation, and benefits (including without limitation social security, taxes, worker's compensation insurance, payroll processing, postage and the like), of all on-site, field, or maintenance employees of Agent working on or with respect to the Property shall be expenses of Agent reimbursable by Owner from the operating income of the Property. Such reimbursements shall be made only to the extent that their time is devoted to the Property, as evidenced by payroll and time sheets documented by Agent. Reimbursements shall include travel, entertainment, training, and other expenses incurred for these employees as they specifically relate to the Property. c) The salaries, wages, other compensation, benefits, travel, entertainment, and other expenses shall be non-reimbursable expenses of Agent with respect to the following persons working on or in respect to the Property: (i) Executive Personnel of Agent charged with general administration of Agent's performance of this Agreement. (ii) A Regional Manager or Property Supervisor for the Property, based in the Central Office, who shall be experienced in the administration and operation of an asset of the size, character, and quality of the Property and who shall devote such time as is necessary to the on-site supervision of the Property to permit its operation on a basis comparable to other such properties, unless such individuals are performing as on-site personnel in front-line duties in which case the fees and costs associated with the time spent performing such duties shall be reimbursable by Owner from the operating income of the Property. (iii) Record-keeping Personnel (off-site). xv. Leasing. Agent shall make diligent efforts to secure and/or retain tenants for the Property consistent with the character and status of the Property as outlined in the established Tenant Selection Criteria. Agent shall make diligent efforts to assure that all leases and leasing practices conform to all laws, ordinances, regulations, and Housing Assistance Payment Contract applicable to the Property. Prior to the execution of a new lease by a tenant, Agent shall in good faith conduct such investigations of the financial responsibility, general reputation and, when part of the Tenant Selection Criteria, the criminal background, of the prospective tenant as are ordinarily and customarily performed by the managers of similar properties in the location of the Property. The expense for such investigations shall be Property Management Agreement 10 December 2010
charged to the Property's Operating Account. c. General Responsibilities of Owner. In addition to the specific obligations set forth elsewhere in this Agreement, Owner will cooperate with Agent in the fulfillment of Agent's obligations under this Agreement including, but not limited to, promptly providing all approvals, information and funding reasonably necessary for Agent's management of the Property in accordance with Agent’s obligations in this Agreement, and timely submitting information to appropriate regulatory agencies when requested by Agent. Further, Owner shall not require Agent to act in a manner that would violate any applicable laws, regulations or program requirements and requiring such conduct so is an express violation of this Agreement by the Owner. 5. Expenses of Owner. Except as otherwise provided in this Agreement, all contractual obligations that Agent incurs to third parties in the course of managing the Property pursuant to this Agreement, which are included in the Owner-approved annual budget, shall be obligations of Owner and shall be for Owner’s account shall pay such expenses with funds drawn from the Operating Account in accordance with this Agreement without requiring Owner’s additional approval unless specifically required elsewhere in this Agreement. 6. Expenses of Agent. Consistent with HUD Handbook 4370.2, Agent will pay all salaries, wages and other compensation and fringe benefits of all personnel described in Paragraph 4(b) (xiv) (c) of this Agreement as an expense of Agent without reimbursement by Owner. Agent shall pay other expenses which are expressly (a) payable by Agent or (b) not reimbursable hereunder. Agent shall also pay (without reimbursement from Owner) any costs of providing corporate office facilities and supplies for such off-site corporate personnel and other expenses incurred by Agent which are not incurred in the performance of duties and obligations required by this Agreement. 7. Bank Accounts. a. Establishment of Accounts. Agent shall establish the following FDIC-insured bank accounts (as designated by Owner) in Agent’s name in banks or other institutions approved or selected by Owner: i. An "Operating Account," which shall be used for the deposit of all funds, whether received by Owner or Agent, from the operation of the Property, including any amounts paid by a public housing agency or authority, unless Owner agrees in writing Property Management Agreement December 2010 11
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